Mentally Ill or Under Duress 07 Dec 11

Public defense attorneys for 45-year-old Timothy John Huber have filed a notice that their client was either mentally ill or under duress during the October 8th killing of 43-year-old Timothy Larson of Albertville, in northern Kandiyohi County.

County Attorney Jenna Fischer confirmed to the West Central Tribune that the defense notice was filed in Huber’s case.

The attorneys in the case, both public defenders and prosecutors from the county attorney’s office, met with District Judge Donald Spilseth in his chambers Tuesday afternoon, but nothing happened on the record in the courtroom.

Under state court rules, a person who uses the mental illness defense is then evaluated to determine mental competency to proceed in the case. An omnibus hearing that had been set on December 16th for Timothy Huber was also cancelled Tuesday. That is the hearing during which evidence is argued or other pretrial matters are typically handled.

Huber and his father, 81-year-old Delbert Huber (pictured), both of rural Paynesville, were each indicted by a Kandiyohi County grand jury on November 17th on first-degree premeditated murder charges. They also face second-degree intentional and unintentional murder charges for their roles in the shooting death.