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Judge throws out complaint in Spirit Lake killings

FARGO, N.D. (AP) -- A magistrate judge has thrown out a complaint by a North Dakota man convicted of killing two children on the Spirit Lake Indian Reservation.

Valentino ``Tino'' Bagola filed court documents earlier this month claiming that his lawyer did a poor job of representing him and should have asked for an evaluation to determine whether he was competent to stand trial and assist in his own defense. Bagola was convicted in September of two counts of felony murder for the May 2011 slayings of 9-year-old Destiny Jane Shaw-Dubois and her 6-year-old brother, Travis Lee DuBois Jr. U.S. Magistrate Judge Karen Klein says the petition filed by Bagola allows someone to challenge a sentence, but Bagola is not scheduled to be sentenced until December.