Judge to decide jail or house arrest for New Kensington man convicted of neglect of mother’s corpse

A Westmoreland County choose on Tuesday reported he just cannot make your mind up whether

A Westmoreland County choose on Tuesday reported he just cannot make your mind up whether to mail a New Kensington gentleman to jail for neglecting to report to authorities that his mom died and remaining her sealed up by yourself in her dwelling for two months.

Robert Hawk, 49, via his defense law firm asked to be confined to his very own home as punishment for his offenses.

His siblings demanded their brother provide time guiding bars.

Hawk pleaded guilty in August to fees of abuse of a corpse, theft and aggravated animal cruelty. Law enforcement said Hawk learned his 68-yr-aged mom, Marcia Smock, died in June 2019 and her left her overall body alone with numerous animals for months.

Investigators explained Hawk utilized duct tape to seal up the door frame and air vents in the bed room of the Victoria Avenue household where by her overall body was at some point identified, unsuccessful to report her dying and applied her Social Stability positive aspects for his very own attain. Police discovered Smock’s decomposed entire body, practically a dozen malnourished cats and a useless pet dog and cat in August 2019.

Police concluded Smock died of natural triggers. Hawk was not billed in relationship with her demise.

“Only you really know what transpired for the reason that of your selfishness,” Hawk’s sister, Dawn Thompson, reported in courtroom on Tuesday. “This time you really should get what you deserve. Mother deserves it.”

Thompson along with her other brother requested the decide to mail Hawk to jail.

Assistant District Lawyer Pete Caravello argued Hawk’s actions warrant incarceration and said he to begin with sought out a sentence of at the very least 6 months in jail.

Assistant Community Defender Greg Cecchetti stated Hawk suffers from a range of physical ailments like slumber apnea, melancholy, significant blood tension and a lately endured a stroke that restrictions his mobility. Cecchetti reported Hawk’s health and fitness would be endangered by a jail sentence.

“Going to jail is not going to drive house what he did erroneous,” Cecchetti stated, who questioned the decide impose a sentence of home arrest.

Property arrest, Caravello mentioned, would offer no additional punishment and mirrors how Hawk has expended the very last two a long time of existence following he was charged. Even a jail sentence of just 30 days would be an meaningful sentence, the prosecutor reported.

Westmoreland County Typical Pleas Court docket Decide Scott Mears stated he to begin with meant to impose a jail sentence but is now involved how confinement could effect Hawk’s health.

“I was open up to incarceration in this situation. What transpired in this article turned a mother’s death into what should have been a private affair into a general public function,” Mears explained. “What a disrespectful way to stop an exemplary daily life.”

The choose delayed Tuesday’s sentencing listening to and ordered county probation officials to perform an investigation into opportunity punishment solutions for Hawk. Those people selections include jail time, house arrest and other demands these kinds of as group assistance, in accordance to the choose.

A new sentencing listening to will be held in about 3 months in the course of which time Hawk will keep on being free on $15,000 bail.

Prosperous Cholodofsky is a Tribune-Critique staff author. You can get hold of Prosperous at 724-830-6293, [email protected] or by using Twitter .