Mickey Hively entered Kosciusko County Superior Court I this morning quietly, waiting for his sentence from Judge Duane Huffer.
Huffer sentenced Hively, 50, Warsaw, to six years in the Indiana Department of Corrections after accepting Hively's plea of guilty to child molesting, a Class C felony. Huffer also ordered that Hively pay a $250 sexual assault fine and a $100 child abuse fee, and dismissed a Class A felony charge of child molesting, per the plea deal.
Kosciusko County Prosecuting Attorney Daniel H. Hampton addressed the court when making the state’s case for sentencing.
“The victim impact statement indicates that the family and the victim has wished nothing but forgiveness, no anger, just wanting to move on,” Hampton said. “With this case I believe the community was sickened by the facts of the case. The history that is in the pre-sentence investigation report showed that the defendant had prior history of these acts. Counseling obviously didn't take effect because he committed again.”
Hampton then went on to plead in the best interest of the community.
“The only possible mitigating factor in this case is that he pled guilty, but the plea deal is drafted in such a manner that it already takes into account his plea by dropping the A felony,” Hampton said. “The community is best served with the circumstances of the plea agreement accepted and the sentence should be outline and taken into consideration of the terrible act this man did.”
Hively's attorney, Robert Gevers, attempted to counter Hampton's statements.
“We understand the incident has caused a rift in the family,” Gevers said. “The risk assessment tool was used and the only thing that came up showed that he was a low risk to the community. He has a substantial history of non-criminal activity and has led a law abiding life for a long time. We feel that he will react positively to a short prison term and based upon the letters to the court a lengthy prison term would be an undue hardship on his mother.”
Huffer accepted the plea that Hively submitted on Feb. 7. Before sentencing Hively had a few words for Huffer and the court.
“All I know is that my family is the most important thing I've ever had in my life,” Hively said. “I would like a chance to make things right with my family to stay in my home, this property has been in my family for ages, that is the only thing I have in this world besides my family. The one goal in life was to leave my kids with something. This is a blight on a perfect record. I just want a chance to make things right.”
Huffer listened intently to Hively's statement and quickly responded.
“I find many of the things you said to be true by the pre-sentence investigation report,” Huffer said. “But you were in a position of trust and you breached that duty. I think it would be best to die a poor man than harm a young child. I find that the position of trust outweighs all mitigators.”
Huffer sentenced Hively to six years in the IDOC after accepting hisplea of guilty to child molesting, a Class C felony. Hively was given eight days good time credit.
