Marshall County Attorney Jim Clevenger notified the commissioners on Monday morning that former Highway Superintendent Neal Haeck filed a motion recently for the return of his restitution.
Haeck was accused of stealing money from the sale of scrap metal while acting in his position held in the county in 2012 and 2013. Haeck maintained his innocence throughout the time he was accused of the action in 2014 and during his subsequent trial. He was found guilty on one count of theft during a two-day trial in March of 2016 in the matter. He was sentenced to serve one year on home detention and complete 200 hours of community service. Two years of his sentence was suspended with reporting probation. He was ordered to pay restitution in the amount of $12,358.41, which was paid in full to the county, plus court costs and fines.
In August of this year, his theft conviction was overturned. The Indiana Court of Appeals found that there was insufficient evidence to support the theft conviction. The Indiana Supreme Court reviewed the case and denied a petition by Marshall County to hear arguments.
A hearing on Haeck’s motion to return restitution is set for Dec. 7 in a Marshall County Court.
The commissioners agreed to hold an executive session to discuss the options available to the county. They could do nothing, try to keep the money or get it back.
Also during this meeting, the commissioners also plan to hold further discussion on how to move with a possible opioid litigation. An Indianapolis firm is looking to gather the government agency’s support in battling the nationwide opioid crisis.
The executive session will be Monday, Nov. 27 at 1 p.m. at Clevenger’s office. As per state statute, executive session meetings are closed to the public.
