CEDAR CITY — A Moab man who pleaded guilty to three felony counts after being arrested in a remote part of western Iron County in November has been sentenced to prison in connection with the case.
Shane Dewey Hively, 43, was sentenced in Cedar City’s 5th District Court on Tuesday by Judge Ann Marie McIff Allen, who ordered Hively to serve one term of 1-15 years and two terms of 0-5 years each in the Utah State Prison. The three sentences are to run consecutively, the court ordered.
As previously reported in St. George News / Cedar City News, Hively and a woman identified as Stephanie Marie Mecham, 43, were both arrested following a traffic stop along state Route 56 near Beryl Junction in the early morning hours of Nov. 23. A police search of the vehicle reportedly yielded drugs, paraphernalia, burglary tools, stolen checks and financial cards.
Although Hively initially faced a dozen charges in connection with the incident, all but three were dismissed in accordance with the terms of the plea agreement. In court on Tuesday, Hively pleaded guilty to one count of possessing or receiving a stolen vehicle, a second-degree felony, one count of forgery, a third-degree felony, and one count of unlawful use of a financial transaction card, a third-degree felony.
Allen then sentenced Hively right away, since his pre-sentencing investigative report was already on file.
During Tuesday’s hearing, Hively’s defense lawyer Clifford Gravett had asked that the sentences be run concurrently.
“When he’s in custody and he’s sober, he’s a pleasure to meet with and talk to,” Gravett said of his client during the sentencing hearing. “And I know that pleasantness does not cover a multitude of sins or anything like that, but I think it does indicate that if Mr. Hively could get his drug addiction under control, I think he could be a contributing member of our society.”
However, prosecutor David Hill argued that Hively’s “extensive” criminal history warranted prison time and consecutive sentences.
Noting that Hively’s Iron County cases alone involved at least two dozen victims, Hill added that Hively also has pending criminal cases in Washington County and in Mohave County, Arizona.
Given a chance to address the court before he was sentenced, Hively said he has been a drug addict since he was 13 years old.
“That’s 30 years of my life I’ve been using methamphetamine,” he said. “I’m not justifying any of my actions. Of course, I probably wouldn’t have committed a lot of the crimes that I have in the past.”
“I do need treatment,” Hively added. “And I do understand that if I do get sentenced to prison, I’ll be able to get treatment there. Wherever I go, I’m going to follow through with treatment.”
“I apologize to the community for my actions,” he added.
Allen then handed down the sentence, saying she appreciated the input she’d heard from both sides.
“It is necessary at this time for Mr. Hively to go to prison to suffer the consequences of his choices and to pay his debt to society, as he has recognized he owes,” Allen said, “And to additionally, get the treatment that is necessary.”
“This is a case about significant wrongdoing that has harmed our community in a broad way,” she said. “And I don’t think Mr. Hively would disagree with that characterization.”
“I believe that it is appropriate and necessary that those sentences be served consecutively,” the judge added. “We’re talking about not simply one criminal episode, but certainly a very concerning and aggravated series of events over a lengthy period of time that, again, have harmed people.”
Allen, who did not impose any fines or fees, left restitution open and scheduled a restitution hearing for the afternoon of April 11.
The judge also noted that how much time Hively ultimately serves in prison will be up to the Utah Board of Pardons.
“The court is going to permit the Board of Pardons to take into account the number of days (in jail) that Mr. Hively has served … and award credit as they see fit,” she added. “That will certainly be included in the court’s order.”
Contacted by Cedar City News for comment, deputy attorney Trajan Evans of the Iron County Attorney’s Office issued the following written statement:
The consecutive sentences imposed by the Court (were) warranted and just. Mr. Hively has an extensive felony record that spans across multiple counties and states. His crimes victimized a substantial amount of people. The Iron County Attorney’s Office will continue to work with these victims to ensure that they are made whole through the restitution process.
Meanwhile, the related case involving co-defendant Mecham, who is also a resident of Moab, is still pending.
On Dec. 20, Mecham pleaded guilty in 5th District Court to a single count of unlawful use of a financial transaction card, a third-degree felony. As part of her plea agreement, the other charges against Mecham were dismissed. Mecham was then released from jail after promising to appear at future hearings and agreeing to abide by other court-imposed conditions.
Mecham’s sentencing has been scheduled for the morning of Feb. 7 in Judge Allen’s courtroom.
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