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

A Westmoreland County judge on Tuesday said he can’t decide whether to send a New Kensington man to jail for neglecting to report to authorities that his mother died and left her sealed up alone in her home for two months.

Robert Hawk, 49, through his defense lawyer asked to be confined to his own home as punishment for his offenses.

His siblings demanded that their brother serve time behind bars.

Hawk pleaded guilty in August to charges of abuse of a corpse, theft and aggravated animal cruelty. Police said Hawk discovered his 68-year-old mother, Marcia Smock, died in June 2019 and her left her body alone with various animals for months.

Investigators said Hawk used duct tape to seal the door frame and air vents in the bedroom of the Victoria Avenue house where her body was found, failed to report her death and used her Social Security benefits for his own gain. Police found Smock’s decomposed body, nearly a dozen malnourished cats and a dead dog and cat in August 2019.

Police concluded Smock died of natural causes. Hawk was not charged in connection with her death.

“Only you truly know what happened because of your selfishness,” Hawk’s sister, Dawn Thompson, said in court on Tuesday. “This time you should get what you deserve. Mom deserves it.”

Thompson along with her other brother asked the judge to send Hawk to jail.

Assistant District Attorney Pete Caravello argued Hawk’s actions warrant incarceration and said he initially sought a sentence of at least six months in jail.

Assistant Public Defender Greg Cecchetti said Hawk suffers from a variety of physical ailments, including sleep apnea, depression, high blood pressure and a recently suffered a stroke that limits his mobility. Cecchetti said Hawk’s health would be endangered by a jail sentence.

“Going to jail is not going to drive home what he did wrong,” said Cecchetti, who asked the judge to impose a sentence of house arrest.

House arrest, Caravello said, would offer no additional punishment and mirrors how Hawk has spent the past two years after he was charged. Even a jail sentence of just 30 days would be an meaningful sentence, the prosecutor said.

Westmoreland County Common Pleas Judge Scott Mears said he initially intended to impose a jail sentence but is now concerned how confinement could impact Hawk’s health.

“I was open to incarceration in this case. What happened here turned a mother’s death (from) what should have been a private affair into a public event,” Mears said. “What a disrespectful way to end an exemplary life.”

The judge delayed Tuesday’s sentencing hearing and ordered county probation officials to conduct an investigation into potential punishment options for Hawk. Those options include jail time, house arrest and other requirements such as community service, according to the judge.

A new sentencing hearing will be held in about three months, during which time Hawk will remain free on $15,000 bail.