Sentencing is today for Timothy Huber, attorney seeking lesser sentence for Larson murder
WILLMAR -- Timothy Huber, the rural Paynesville man found guilty in May of two counts of second-degree murder for his role in killing Timothy Larson in October 2011, is scheduled to be sentenced this morning in Kandiyohi County District Court.
A motion filed July 1 by Huber's defense attorney asks for a "downward departure" -- a lesser sentence than what is set by the state sentencing guidelines. District Judge Donald M. Spilseth may consider the argument at the 9 a.m. hearing at the Willmar courthouse.
Huber was found guilty of second-degree intentional murder and second-degree unintentional murder while committing another felony of second-degree assault. He was charged under the "liability for crimes of another" portion of Minnesota law: his father Delbert shot and killed Larson. Timothy Huber was acquitted of a first-degree premeditated murder count.
The verdict in Timothy's case came after seven days of testimony in a jury trial.
Huber had been held on $1 million bail in the Kandiyohi County Jail since the day of the shooting. After the verdict, Spilseth ordered that Huber be held without bail.
Huber, 47, and his father, Delbert, were indicted on the charges for killing Larson, 43, of Albertville, on Oct. 8, 2011. Delbert Huber shot and killed Larson after a confrontation on the Norman Larson property in rural Belgrade. Norman is Timothy Larson's father.
Delbert Huber, now 83, is already serving the maximum sentence of 367 months in prison for second-degree intentional murder, to which he pleaded guilty in August 2012. According to the Department of Corrections, he is in the Minnesota Correctional Facility at Faribault.
The range of sentencing under state guidelines for second-degree intentional murder is 306 to 367 months, or 25.5 to 30.5 years, in prison. After the Timothy Huber verdict was reached, Kandiyohi County Attorney Jenna Fischer said that the state will ask for the maximum sentence. The two sentences will be served concurrently, or at the same time, because they are part of the same behavioral incident.
The motion filed by defense attorney Carter Greiner asks for a lighter sentence for Huber because of several reasons, including that Huber had a "minor role" in the crime or participated in the crime under circumstances of coercion or duress, and that Huber's mental impairment left him lacking substantial capacity for judgment when the offense was committed.
Spilseth previously ruled that the duress and mental capacity arguments could not be used by the defense during the jury trial.
Fischer and assistant county attorneys Dain Olson and Chris Jensen prosecuted the case. Huber was represented by two public defenders, Greiner and Stephen Ferrazzano.