Associated Press, Published May 07 2013
Paynesville man found guilty of second degree murder, but not premeditated murderWILLMAR — A jury has found Timothy Huber guilty of two counts of second-degree murder, but not guilty of first-degree premeditated murder, for his role in killing Timothy Larson in October 2011.
The verdict was delivered at 1:50 p.m. this afternoon in Kandiyohi County District Court. The jury of six men and six women began deliberating the case Monday afternoon after seven days of testimony before District Judge Donald M. Spilseth.
Huber, 47, of rural Paynesville, stood trial on first- and second-degree murder charges in the case. He and his father, Delbert Huber, were indicted on the charges for killing Larson, 43, on Oct. 8, 2011. Delbert Huber shot and killed Larson after a confrontation on the Norman Larson property in rural Belgrade.
County Attorney Jenna Fischer, who led the team of three prosecutors, said the most important finding of the jury was the accountability they put to Timothy Huber for his actions connected to the killing.
“There is relief that a jury of 12 people found him accountable,” Fischer said. “He took no responsibility.”
The range of sentencing under state guidelines for second-degree intentional murder is 306 to 367 months. Fischer noted that the state will ask for the maximum sentence.
Huber was represented by two public defenders, Carter Greiner and Stephen Ferrazzano. Greiner declined to comment after the verdicts were read. Ferrazzano was not at the reading of the verdict.
Timothy Larson’s sister, Roxanne Olson, said the family is happy with the verdict. Olson and several other family members have been in the front row of the gallery behind the prosecution for the entire trial.
“We have been blessed to have Jenna and her team working for us,” Olson said. “It’s good to have this behind us.”
Olson also noted that her brother would say, if he were alive, that “justice will be served on judgment day.”
Spilseth ordered that Huber’s bail be revoked and that he be held without bail until his July 12 sentencing. Huber was also ordered to cooperate with a presentencing investigation.
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.”
Delbert Huber, now 82, is already serving the maximum sentence of 367 months in prison for second-degree murder, to which he pleaded guilty in August. According to the Department of Corrections, Delbert Huber is in the Minnesota Correctional Facility at Faribault.