U.S. District Attorney Bud Cummins announced April 21 he will not re-try former 16th Judicial District Prosecuting Attorney T.J. Hively on unresolved charges stemming from his second racketeering and corruption trial in March.
"These remaining charges are serious ones, but we cannot ignore the possibility that in spite of our best efforts, we might just end up in another deadlock," Cummins said.
Cummins said the prosecutor's office worked hard in attaining convictions for Hively and his co-defendant and former law partner, Wesley John "Butch" Ketz. He said it was "troublesome" another defendant, bail bondsman Gary Edwards, wouldn't receive a conviction for his alleged crimes.
Hively was convicted on one count of racketeering and four counts of mail fraud March 9. Ketz was convicted on one count of racketeering and two counts of mail fraud. Edwards was acquitted on two corruption charges.
Hively, the prosecutor from 1993 to 1998, went to trial in 2001 on 64 counts of racketeering and corruption. Prosecutors said Hively, Ketz and Edwards coerced potential litigants in criminal cases to turn over money and property in exchange for leniency.
In March 2002, the judge threw out 48 of the charges. Hively and his co-defendants were indicted on the remaining 16 counts in the fall of 2003.
The judge in his second trial, U.S. District Judge George Howard Jr., ordered Ketz and Edwards to be tried with Hively.
Cummins said Hively and Ketz will be sentenced soon. Hively could face a prison term of up to 40 years, a fine up to $500,000 or both. Cummins said the judge will calculate the sentences using the U.S. sentencing guidelines. The penalties for Hively and Ketz are expected to be less than the statutory maximum, he said.
Cummins asked Howard to order Hively to pay $429,391.47 in restitution.