Prosecutors won't seek retrial in 3 Pilot Flying J cases

NASHVILLE, Tenn. (AP) — Federal prosecutors indicated Tuesday that they won't pursue a new trial against the former president of Pilot Flying J and two of his former employees in connection to a rebate scheme aimed at cheating trucking companies out of millions of dollars.

The motion made in U.S. District Court in Knoxville asks a judge to sign off on a request to drop the remaining charges against former Pilot President Mark Hazelwood, former Vice President Scott “Scooter” Wombold and former account representative Heather Jones.

Prosecutors cited several reasons for not retrying the three after their 2018 convictions were overturned by a federal appeals court panel.

The trial would require testimony from a cooperator, whom the government does not name, “whose personal circumstances (1) cause the government to conclude that it would be inappropriate to compel her testimony and (2), in any event, prevent the government from being confident in the reliability of that witness’ recollection of significant facts and circumstances,” the motion by Acting U.S. Attorney Francis M. Hamilton III states.

Additionally, prosecutors say the case concerns facts from about a decade ago that would require help from people who already finished their sentences related to the case, including some who “reportedly have made statements since sentencing that would negatively impact the credibility of their testimony in a retrial" and whose statements “suggest an inclination to withhold further assistance to the government.”

Finally, prosecutors cited limited government resources and their experiences with challenges in the first trial.

Those reasons combined, prosecutors wrote, “force the government’s conclusion that it now faces significant obstacles in proving its case against these...