Hawbecker, 34, had his bond lowered from $500,000 to a $50,000 cash or surety bond and was ordered to wear electronic monitoring, not have any contact with alleged victims and is trespassed from the UD campus area.
Ware and other officers responded to a Feb. 27 early-morning complaint of a person who would not leave a Fairground Avenue residence. Hawbecker is accused of aggravated burglary and assault of a peace officer. His case is bound over to a grand jury to consider charges.
Ware testified that two women in the apartment were armed with field hockey sticks and had locked Hawbecker in a bedroom where he was asleep — fully clothed — on the floor next to a bed.
Ware said officers first verbally tried to wake Hawbecker and then one officer rubbed his knuckles along Hawbecker’s sternum. After a couple minutes, Ware said, Hawbecker tried to punch Ware.
“We stated multiple times that we were police officers,” said Ware, adding that he recorded video with a body camera. “I was able to, with his momentum, take him down to the ground from a seated position so he wouldn’t try to swing again.”
Ware testified Hawbecker was transported to the Montgomery County Jail, where the defendant stayed until Friday’s hearing.
Hawbecker’s lawyer said Hawbecker, of Adelphi, Md., was in Dayton to serve federal warrants related to his job as a Special Agent at the NASA Office of Inspector General’s Computer Crimes Division. Defense attorney Hal Arenstein said his client is now on personal leave from NASA after a “night of drinking got out of hand.”
Arenstein argued to Dayton Municipal Court Judge Carl Henderson that Hawbecker was “extremely intoxicated” and that he was invited into the residence after meeting a woman at Timothy’s bar on Brown Street.
“It’s quite clear we’re dealing with someone who is extremely intoxicated and assault never took place here,” Arenstein told Henderson. “A balled-up fist thrown by somebody whose physical abilities are, evidently, that much impaired, was no danger to the officer.”
Prosecutor Dylan Smearcheck argued Hawbecker’s bond should not be lowered.
“The seriousness of the misconduct is not negated by the fact that the defendant is a federal employee,” Smearcheck said. “At that time, he made a knowing, conscious movement to ball up his fist and swing at a police officer. That is clearly assault on a peace officer.”
Arenstein said Hawbecker has no criminal history, served in the United States Air Force including time in Iraq, teaches computer investigating and has worked with NASA for three years and was promoted about three weeks ago.
Henderson found probable cause that a crime took place, but reduced bond for Hawbecker, who would be staying with friends in Centerville if he made bond.
“Any goofiness, and you’ll be back in jail,” Henderson told Hawbecker. “Do you understand?”
Hawbecker responded: “Yes, sir.”
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