Predator posed as a teen on Internet

Published 9:16 pm Monday, January 10, 2011

handcuffsCASSOPOLIS — A Cass County man in his mid-20s who posed on the Internet as a teenager to lure youthful victims into his trap has been convicted of felony sex crimes.

A jury returned verdicts of guilty as charged against 25-year-old Justin Hively on felony counts of criminal sexual conduct in the third and fourth degrees.

He now faces 15 years in prison and two years in prison, respectively.

CSC third-degree is a 15-year felony.

CSC fourth-degree is a two-year felony.

Prosecutor Victor Fitz, who tried the case, described the defendant in opening and closing argument as “an Internet predator.”

Fitz indicated at the trial’s conclusion that “these electronic coyotes are relentless Parents need to closely monitor their kids on the Internet and other communication devices.”

Evidence at trial included the testimony of two of his 14-year-old female victims, one from Constantine and another from Plainwell.

As testimony revealed during Hively’s three-day trial, the defendant cruised Web sites frequented by adolescents.

While on such a site in January of 2010, he was able to convince a 14- year-old Constantine middle schooler that he was a 16-year-old who wanted to spend time with her.

At the time, Hively was 24 years old. At his direction, the young girl convinced her parents she was going to spend the weekend at the home of a fellow female classmate.

She was then spirited away by the 24-year-old, who took her to his residence on Wayne Street in Union.

Once there, he had sexual intercourse with her on two separate occasions.

As revealed by Michigan State Police Crime Laboratory experts, the testimony of the 14-year-old Constantine child was supported by the presence of Hively’s sperm on her panties.

On the stand at trial, the defendant claimed the sperm was on the girl’s panties as a result of his solitary masturbation activities. The jury didn’t buy it.

They also heard testimony from a Plainwell 14-year-old who advised that Hively also connected with her on an Internet social Web site.

Once he gained her confidence while posing as a 16-year-old, he began visiting her late at night in the Michigan city just south of Grand Rapids.

Evidence revealed that Hively used his adult girlfriend’s car to make one or more of the trips. The Plainwell victim indicated Hively had sexual intercourse with her on numerous occasions in the middle of the night in his car.

As with the Constantine youth, Hively also convinced this victim to sneak out of her house to meet with him for sex.

Evidence at trial also included a plethora of text messages, e-mail messages and Web site messages.

They revealed the grooming efforts of the defendant as well as his sexual intentions.

The jury hung on a count of contributing to the delinquency of a minor. a 90-day misdemeanor.

Hively is scheduled for sentencing on Jan. 28 at 8:30 in front of trial Judge Michael Dodge.

Hively also faces preliminary examination in Allegan County on Jan. 24 for his actions against the Plainwell 14-year-old girl.