A hearing to consider a motion to return restitution in the case of former Marshall County Highway Superintendent Neal Haeck has been continued until Thursday, Jan. 4.
Marshall County Prosecutor Nelson Chipman told MAX 98.3 FM News that Marshall County Superior Court No. 1 Judge Robert O. Bowen was unable to be in court on Thursday for the 9 a.m. hearing so it was continued. Prosecutor Chipman said it’s preferred that Judge Bowen preside over this hearing.
Haeck is requesting the return of $12,358.41 in restitution paid to the county. The restitution was ordered after he was found guilty in a trial on a charge of theft in 2014. He was accused of stealing money from the sale of scrap metal while acting in the position of highway superintendent in 2012 and 2013. His theft conviction was overturned in the Indiana Court of Appeals citing insufficient evidence to support the theft conviction. The Indiana Supreme Court reviewed the case and denied a petition by Marshall County to hear arguments.
With the action by the Indiana Court of Appeals, Haeck filed a motion to return the restitution paid to the county. The hearing will continue at 11 a.m. on Thursday, Jan. 4 in Marshall County Superior Court No. 1.
County Attorney Jim Clevenger reminded the Marshall County Commissioners this week that they have reviewed several options concerning this matter in an executive session, but a decision regarding restitution will not be made until the court hearing has concluded.
