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Como pleads guilty

Man who was part of

trio involved in Hively murders gets consecutive prison terms, must testify against other suspects

MARSHALL – The second of three men charged in connection with the murder of a Lyon County couple last spring has pleaded guilty.

Theodore Como, 19, of Marshall, pleaded guilty in Lyon County District Court to charges of aiding first degree burglary, and two counts of aiding second degree murder.

Under the plea agreement, Como would serve prison time and also be required to testify against other suspects in the murders.

In court Tuesday, Como said he helped suspect Derek Hexum steal guns and other items from two residences last April, including the rural Balaton home of Jim and Cathy Hively. Como said he opened the door to the Hivelys’ farmhouse but didn’t enter. Hexum went inside with a shotgun, he said.

“He was going to go inside and see if everything was clear,” Como said. “I was waiting for a few minutes, and then I heard shots go off.”

Como said he heard about four to six shots, and then, “I heard people kind of screaming, faintly.”

Como said he didn’t know the Hivelys, or know that Hexum was going to shoot them. Como said he later returned to the Hively farm with Hexum and suspect Kyle Wesselink. Como said he set fire to the Hivelys’ garage, while Hexum set fire to the house.

Under the terms of the plea agreement, Como would serve consecutive sentences of 278 months and 262 months in prison.

The court accepted Como’s guilty pleas. District Court Judge Michelle Dietrich ordered a pre-sentencing investigation and set a sentencing hearing for Aug. 5, the same date that a sentencing hearing is scheduled for Kyle Wesselink. In December, Wesselink, a 22-year-old Tyler resident, pleaded guilty to charges of aiding an offender.

The third suspect in the Hivelys’ murders, Derek Hexum, is headed for a trial this summer. Hexum, 20, of Balaton, pleaded not guilty to charges of burglary, arson and second degree murder. Hexum’s trial was originally set for March but has been moved back to July 11, after receiving a venue change to Nobles County.

Como pleads guilty

MARSHALL – The second of three men charged in connection with the murder of a Lyon County couple last spring has pleaded guilty.

Theodore Como, 19, of Marshall, pleaded guilty in Lyon County District Court to charges of aiding first degree burglary, and two counts of aiding second degree murder.

Under the plea agreement, Como would serve prison time, and also be required to testify against other suspects in the murders.

In court Tuesday, Como said he helped suspect Derek Hexum steal guns and other items from two residences last April, including the rural Balaton home of Jim and Cathy Hively. Como said he opened the door to the Hivelys’ farmhouse, but didn’t enter. Hexum went inside with a shotgun, he said.

“He was going to go inside and see if everything was clear,” Como said. “I was waiting for a few minutes, and then I heard shots go off.”

Como said he heard about four to six shots, and then, “I heard people kind of screaming, faintly.”

Como said he didn’t know the Hivelys, or know that Hexum was going to shoot them. Como said he later returned to the Hively farm with Hexum and suspect Kyle Wesselink. Como said he set fire to the Hivelys’ garage, while Hexum set fire to the house.

Under the terms of the plea agreement, Como would serve consecutive sentences of 278 months and 262 months in prison.

The court accepted Como’s guilty pleas. District Court Judge Michelle Dietrich ordered a pre-sentencing investigation, and set a sentencing hearing for Aug. 5, the same date that a sentencing hearing is scheduled for Kyle Wesselink. In December, Wesselink, a 22-year-old Tyler resident, pleaded guilty to charges of aiding an offender.

The third suspect in the Hivelys’ murders, Derek Hexum, is headed for a trial this summer. Hexum, 20, of Balaton, pleaded not guilty to charges of burglary, arson, and second degree murder. Hexum’s trial was originally set for March, but has been moved back to July 11, after receiving a venue change to Nobles County.

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