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Hixenbaugh Pleads Guilty to Embezzlement

By Staff | Nov 10, 2015

Franklin Scott Hixenbaugh, 33 , of HC 67 Box 30 C, Hundred, pleaded guilty to embezzlement Friday, Nov. 6 , in Wetzel County Circuit Court.

A pre-sentencing report will be filed, and Hixenbaugh will return to court Dec. 3, 9 a.m.

Hixenbaugh was charged by the September 2015 Grand Jury for embezzling $27,926.94 funds from Hundred High School when he was secretary.

Prosecuting Attorney Timothy Haught said that himself and Harry Moore, Hixenbaugh’s attorney, agreed to argue restitution in the case, as well as a $58,000 auditing cost. Judge David W. Hummel noted that as long as counsel agreed on a number, he would have no issue approving it.

When asked what made him guilty, Hixenbaugh said there was no doubt the state could prove their case.

Hummel again asked Hixenbaugh what he did.

“It’s kind of complicated, ” Hixenbaugh said. “You are given a money bag, and it’s short. You may take money from one deposit and then put it in another.”

Hixenbaugh said he had seen the discovery against him, and “I would be guilty in no time. I have no way to prove what I’m saying. There is more for me than against me.”

“You are pleading guilty to a felony offense. I’m not going to let an innocent man go to jail, ” Hummel said, suggesting a trial.

Hixenbaugh said he would take the plea, as he had been advised.

“You understand that in Tyler County there was an embezzlement from the fair board. The defendant thought there was no way in the world this judge would send him to prison . . . I sent him to prison. Do you understand that is possible in this case as well?” Hummel asked.

Hixenbaugh replied in the affirmative.

Hummel asked Hixenbaugh a series of questions regarding his employment as secretary for Hundred High School.

“Monies came to you?” Hummel asked.

“Yes, ” Hixenbaugh replied.

“And in that capacity, accepting monies com-ing in, you took some of that money for your own personal purposes, and that amount met or exceeded $1,000?”

Hixenbaugh replied in the affirmative.

“Why did you do it?” Hummel asked.”

“You are pleading guilty . . . you are going to be a convicted felon. It’s time to be honest. Your sentence is com-ing up. If you lie to me, I will hammer you, ” Hummel said.

“I’d love to fight it, but I know I can’t win. I can’t prove it . From looking at the discovery, the $ 1,000 is no problem for them to prove, ” Hixenbaugh said.

“Hummel asked Hix enbaugh if this was his story he was sticking with, in which Hixenbaugh replied yes.