Accomplice in St. Michael Teacher's Shooting Claims Mental Illness

Defense attorneys for Timothy Huber, the 43-year-old son of the gunman accused of shooting and killing St. Michael-Albertville teacher Timothy Larson, filed paperwork this week stating their client was mentally ill or under duress on the morning of Oct. 8, 2011.

According to a report in the West Central Tribune, based in Willmar, attorneys met with District Judge Donald M. Spilseth Tuesday, Dec. 6, in his chambers. Nothing happened of record in court, but Spilseth did dleay an omnibus hearing that was set for Dec. 16, pending an evaluation.

Kandiyohi County Attorney Jenna Fischer told the Tribune she was aware of the defense notice filed in the case.

Under Minnesota court rules, a person who uses a mental illness defense is subject to an evaluation to determine competency in order to proceed with criminal charges.

A grand jury last month charged Timothy Huber, son of 81-year-old Delbert, with first-degree murder (by association). Delbert Huber also faces charges of premiditated murder after he allegedly pulled the trigger of his Enfield rifle and gunned an unarmed Larson down.

Police reports state Delbert Huber waited 12 hours before calling authorities about the shooting.

Timothy Huber drove the man and himself to the Larson family farm outside of Wilmar, where he was to perform chores for Timothy Larson's father.

An argument about when and where those chores should be performed began Friday night when Timothy Larson arrived at his father's farm, and continued Saturday morning, ending in the shooting death of the respected teacher.

Timothy Huber, when first interviewed by authorities Saturday, Oct. 8, told officers and investigators Larson had fought his father, and then the shot was fired.

Sunday, Oct. 9, he was re-interviewed, and he changed his story, saying his father fired the shot after a verbal altercation, and that Larson had not been physical in the incident.

Delbert Huber has appeared in court five times on the charges, and has yet to retain an attorney in the case. Family members are working to file paperwork for a loan needed to hire local defense.

The elder Huber's worth precludes him from having a public defender assigned in the case.

Both Huber men remain in custody in the Kandiyohi County Jail. Delbert Huber's bail is set at $5 milliion, Timothy Huber's at $1 million.