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UPDATE: Bail set for Timothy Huber in murder case that was overturned last month

(Updated 6:43 p.m. May 13) WILLMAR -- Bail has been set for the 50-year-old Paynesville man who was granted a new trial after his 2013 murder conviction was overturned in April. Bail was set Friday morning in Kandiyohi County District Court at $7...

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(Updated 6:43 p.m. May 13)

WILLMAR -- Bail has been set for the 50-year-old Paynesville man who was granted a new trial after his 2013 murder conviction was overturned in April.

Bail was set Friday morning in Kandiyohi County District Court at $750,000 unconditional and $500,000 conditional for Timothy John Huber.

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Huber was recently transported from the Rush City prison to the Kandiyohi County Jail to await a new trial in the shooting death of Albertville teacher Timothy Larson.

Huber was originally convicted of second-degree murder for his role in the October 2011 shooting death, and he was sentenced to 25 years. The jury found him not guilty of first-degree premeditated murder, and he cannot be tried again on that charge.

Huber’s new trial on two counts of second-degree murder has been scheduled over several days in late October and early November.

With a long, white beard, Huber had a slight limp Friday as he made his way into the Willmar courtroom where attorneys argued bail in front of Judge Donald Spilseth.

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Public defender Carter Greiner argued that Timothy Huber is no longer a threat to public safety.

“We need to look at the circumstances as they exist now, not as they existed previously,” Greiner said. “Specifically, it was and continues to be that (his father) Delbert Huber was the shooter … with Delbert being deceased, we respectfully submit that this man does not present any risk.”


According to the charges file in the original case, Delbert Huber shot and killed Larson after a confrontation on the Norman Larson property in rural Belgrade. Norman Larson is Timothy Larson’s father.

Delbert Huber pleaded guilty to second-degree murder, and a first-degree murder charge against him was dismissed in a plea agreement. He died in prison in June 2013.

The criminal complaint alleged that Timothy Huber and Delbert Huber had arrived at the property together. Timothy Huber told officers he was working in the barn on the property at the time of the shooting, and came outside when he heard the gunshot.

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Timothy Huber was charged under the liability for crimes of another portion of Minnesota law, which says that a person is criminally liable for the crime committed by another if the person “intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime.”

In April, the Minnesota Supreme Court ruled that incorrect instructions regarding “accomplice liability” were given to the jury in Timothy Huber’s 2013 trial.

“The erroneous jury instructions allowed the jury to convict the appellant for his mere presence near the commission of the crime,” Justice Christopher Dietzen wrote in the opinion, “and therefore affected the appellant’s substantial rights.”

The court overturned the conviction, and Timothy Huber was given a new trial.

On Friday, Greiner called Timothy Huber “mentally retarded,” maintaining that many of Timothy Huber’s past inflammatory actions were under the influence of his father, Delbert. He said he was in favor of conditional release, because Huber is “not in any (financial) position to pay bail.”

But County Attorney Shane Baker said Huber remains a public safety threat.

“He has a history of violent threats,” Baker said. “He certainly represents a flight risk, as the sentences are pretty significant.”

Specifically, Baker mentioned an incident before the shooting, at the St. Cloud Veterans Administration, that was also brought up by character witnesses at Timothy Huber’s 2013 trial.

Baker said in the summer of 2011, Timothy Huber had called the Veterans Administration Medical Center in St. Cloud and threatened an employee after she could not refill Delbert’s prescription.

“That incident was clearly in the context of Delbert Huber, who is no longer with us,” Greiner said in response.

Baker also said Friday that the state could not find evidence that Timothy Huber had a mental disorder.

The $750,000 bail set Friday by Spilseth was a departure from Timothy Huber’s original 2011 bail, set then at $1,000,000 unconditional and $800,000 with conditions.

“The facts are much the same as they were,” Spilseth said Friday, before noting that “Mr. Huber has aged and is struggling with some physical issues.”

Huber requested to stand instead of sit during the hearing. Spilseth allowed him either option.

He ended up sitting, but had to be helped both in and out of his seat. He explained that he had been hit as a bystander of a jail fight at the St. Cloud Prison.

The next hearing in the case is an omnibus hearing set for July 22. A jury trial is scheduled for Oct. 24 through Nov. 4.

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