A hearing regarding the return of restitution to former Marshall County Highway Superintendent Neal Haeck was held in Marshall County Superior Court No. 1 before Judge Robert O. Bowen Thursday morning.
Haeck and his attorney, Stanley Wruble, filed a motion requesting the return of restitution and Community Corrections fees after the Indiana Court of Appeals overturned Haeck’s conviction on a theft charge in 2016.
The Supreme Court ruled on this issue finding that it is a violation of a defendant’s due process rights by retaining funds paid by a defendant such as court fees and restitution with no possibility of retrial.
After his conviction, Haeck was ordered to pay restitution in the amount of $12,351.41 which is the amount of money that is allegedly missing from the sale of scrap metal. Receipts show that Haeck paid that in full to the county as well as fees to Marshall County Community Corrections in the amount of $2,136.
Marshall County Deputy Prosecuting Attorney Matt Sarber argued that the county is still out that money from the sale and it’s not known what’s been done with that money.
Judge Bowen said he reviewed all of the documents including the receipts. Judge Bowen said that Haeck is entitled to that money and will issue an order to County Auditor Julie Fox and to Marshall County Community Corrections to return that money. The judge noted that it’s not known when Haeck would receive that money with the way the claims structure is with the county government, but it could be a month or so, barring any other legal proceedings.
The Marshall County Commissioners stated in a previous meeting that they will discuss the judge’s decision when it is made.
