The Marshall County Commissioners will wait to make a decision on whether or not restitution will be paid to former Highway Superintendent Neal Haeck.
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 from the time he was accused of the action in 2014, but he was found guilty on one count of theft during a two-day trial in March of 2016. 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.
Haeck recently filed a motion to return restitution and a hearing on that motion is set for Thursday, Dec. 7 at 9a.m. in Marshall County Superior Court No. 1.
County Attorney Jim Clevenger noted during Monday morning’s commissioners meeting that the commissioners are still weighing options.
“There’s a Supreme Court case that reviewed restitution in the State of Colorado and generally held that when there’s a reversal on an appeal, the defendant is entitled to a return of restitution,” explained Clevenger. “Based on that, it’s likely that Superior Court No. 1 will grant the petition. That’s not to say that he doesn’t still owe the county the money. A civil action may even as a department head run up against the State Board of Accounts. We’ve reviewed all of those options and I think you guys are still weighing all of that at this point.”
A decision will likely be made following the Dec. 7 hearing.