Schwaegerle pleads 'no contest' to battery Schwaegerle pleads 'no contest' to battery (March 05, 2004)

Assault possession charges dismissed
by Teresa C. Brown

Civic leader Gary Schwaegerle pleaded no contest Feb. 26 to misdemeanor charges of battery, resolving a Nov. 24, 2003, incident involving his wife. Charges of possessing an assault weapon were dismissed.

A self-employed real estate and property manager, Schwaegerle received a 36-month suspended sentence and was sentenced to 36 months of probation in addition to a $370 fine. He must also attend 26 temper aggression sessions.

The fate of Schwaegerle's cache of more than 60 firearms seized following the alleged battery incident will be decided upon during a hearing March 4, said Sgt. Craig Eicher of the Pleasanton Police Department. If the court orders the police to destroy the weapons, they will be destroyed within 30 days from that decision, he said.

Also during Schwaegerle's hearing, a restraining order that prohibited Schwaegerle from contacting his wife Phoebe and four children was modified, allowing him to contact his wife by e-mail. Last month, the order was modified to allow the couple to meet for reconciliation under the guidance of counselors.

Schwaegerle, who is a Chabot-Las Positas Community College District trustee, was arrested Nov. 24 following an altercation with his wife, in which he claimed to have the "power of life and death over her."

Schwaegerle is also member of the Pleasanton Housing Commission and a board member for the Museum On Main Street.

On Dec. 3, while Schwaegerle was in custody at the Alameda County Jail, he made a disturbing telephone call to the Chabot-Las Positas Community College District, speaking to the secretary of Chancellor Susan Cota for approximately an hour.

Based on concerns over his large weapon collection, the college district had a restraining order issued against Schwaegerle. College district spokeswoman Jennifer Aries said that the restraining order would be in effect through June 4.

In the meanwhile, Schwaegerle has been granted a leave of absence from his duties as district trustee, Aries said.

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