Schwaegerle pleads 'not guilty' Schwaegerle pleads 'not guilty' (December 19, 2003)

Pretrial court date set for late January
by Teresa C. Brown

Speaking through his attorney, Gary Schwaegerle, college trustee and civic leader, stood before Judge Hugh Walker on Monday and pleaded not guilty to charges of spousal battery and possession of an assault weapon. Schwaegerle is currently released on $50,000 bail.

The pretrial court date for Schwaegerle, a real estate agent and Chabot-Las Positas Community College District trustee, was set for 8:30 a.m. Jan. 21, at Alameda County Superior Court in Pleasanton.

Walker cautioned Schwaegerle's attorney Jack Noonan to be aware of the "stay away" order he issued in the case. On Dec. 4, Walker signed a protective order against Schwaegerle that forbids him from contacting his wife and any of his four children, all minors. The order states he cannot come within 100 yards of the "protected persons" and listed five locations that include his home and his children's schools. The order expires Dec. 4, 2006.

Last week, Chabot-Las Positas College District spokeswoman Jennifer Aries reported that the district also took out a restraining order against Schwaegerle, citing a concern about his large collection of weapons. Police recovered and are safekeeping more than 60 firearms and thousands of rounds of ammunition, including an AK series semiautomatic assault rifle, from Schwaegerle's home.

Schwaegerle was arraigned Dec. 4 on the two misdemeanor charges relating to a Nov. 24 incident involving his wife, Phoebe Schwaegerle, at their home.

Schwaegerle awoke his wife in predawn hours in what his wife described a "mad rage," claiming that God was speaking to him, according to police reports. Phoebe Schwaegerle took their four children and sought refuge at a friend's home, where she called police.

In addition to serving as a college district trustee, Schwaegerle also serves on the Museum On Main Street board and is a member of the Pleasanton Housing Commission.

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