WILLMAR -- Attorneys will have 10 days to file written objections to the completed mental evaluation report of a rural Paynesville man indicted on first-degree murder charges for shooting and killing an Albertville man last fall in northern Kandiyohi County.
District Judge Donald M. Spilseth ordered Wednesday that after the court receives any objections -- or the 10-day period expires -- the court will proceed as appropriate in the case of Timothy John Huber, 46.
Huber and his father, Delbert Edwin Huber, 81, both face murder charges for their roles in the Oct. 8 death of Timothy Richard Larson, 43, Albertville.
The mental evaluation of the younger Huber was ordered Dec. 7 after his public defense attorneys filed a notice that their client was either mentally ill or under duress.
The report, by forensic psychologist Dr. Edmund Nadolny, was filed Tuesday in Kandiyohi County District Court and is not public information.
The Kandiyohi County Attorney's office will not object to the report, according to County Attorney Jenna Fischer.
"We are going to ask the court to determine that the defendant is competent and that the criminal prosecution can resume," Fischer said.
According to the criminal complaint, Delbert Huber allegedly shot Larson with a 303 British Enfield rifle during confrontation over the fact that Larson ordered the Hubers and their farm equipment off farm property owned by Larson's father in rural Belgrade.
As of Wednesday afternoon, no attorney had filed a certificate of representation notifying the court that they have been hired as Delbert Huber's attorney. The elder Huber has appeared seven times in court without a lawyer and has repeatedly said he and family members are attempting to hire an attorney. He said during a Jan. 23 hearing that he could have a lawyer by the April 12 omnibus hearing scheduled in his case.
Both of the Hubers have been held in the Kandiyohi County Jail since the day of the shooting incident, which they reported to law enforcement approximately 12 hours after it happened. Delbert Huber is held on $5 million bail and Timothy Huber on $1 million bail.