A jury trial began Monday for a Newton Police officer accused of physically assaulting his fiancée.
Dustin S. Hamell, 29, was charged in July following an alleged altercation in their rural Newton home. Police said he slammed a door on her arm while she was trying to get into their room, and he is also accused of pushing the victim twice. He is charged with domestic abuse assault.
Hamell, along with his mother and his now former fiancée, took the stand and testified during the first day of proceedings, with Judge Thomas Mott presiding.
Keisha Cretsinger, of the Iowa Attorney General’s Office, argued for the state due to a potential conflict of interest with the Jasper County Attorney’s Office. Cretsinger opened with a description of the incident that occurred July 29. Cretsinger described an argument between the two parties which resulted in the victim’s arm being slammed in the door as she was attempting to get through to get to her son.
After she was through the doorway, Hamell backed away but the struggle continued with him pushing her toward a dresser before he backed away again, she said.
The defense described the incident in a different light, with defense attorney F. Montgomery Brown claiming she injured herself while barreling through the door.
The victim was the first to take the stand. She said the day before the incident the couple had been in an argument for about six hours, and although there was no physical contact, he had come toward her but stopped when she asked him to back away. Their arguments were focused on their upcoming wedding and their relationship with his family.
The victim said they had been arguing and she had talked about leaving for about a month before the incident. In an attempt to help the situation, she said she would move out for a week or so, but Hamell said he wanted her to stay.
The situation appeared to escalate starting July 17, according to her testimony, and she said she was concerned someone would take her son. In an argument that occurred at Hamell’s father home on July 27, she said his father stated “you will not take my grandson.”
The day of the incident, the victim arrived home from work at approximately 7:30 a.m. The couple had been arguing by phone prior to her arrival.
At their home, Hamell went into the bedroom, and the victim followed him, she said.He asked what she was doing and she told him she was getting their son. That is when he shut the door on her and said “No, you’re not.”
After getting their son, she packed up some belongings and, before leaving, went back upstairs, as Hamell was still swearing at her, according to her testimony. They argued more, and then she left.
While on the road, she phoned her mother and sister about daycare concerns, then called the police about 45 minutes later. She and their son are currently living at her parents’ house in northeast Iowa.
The defense brought up multiple occasions the victim allegedly threatened to call the police on Hamell, claiming she knew it would cause him trouble.
However, the victim told the court, she warned Hamell she would call the police after she had called him three times with no answer after regular interaction. She did eventually contact the acting chief about what her rights were, since she lived in a house that Hamell owned.
Issues began to come to a head after an alleged incident at Hamell’s father’s house in which an argument occurred between the victim, Hamell, his father and his father’s friend. It resulted in the victim taking her engagement ring off and dropping it with Hamell and leaving the residence.
Hamell’s mother, Maria Parker took the stand and spoke about her son’s background and interactions she had with the couple. Parker said on July 20 she received a phone call from the victim about moving the venue of the wedding, and prior to that conversation she did not know of any problems the couple was having.
Hamell was the final witness to take the stand, recounting his days in high school and his lifelong aspiration to become a police officer and follow in his father’s footsteps. He explained how he and his former finacée had met on the website match.com and eventually moved in together before having their son in February.
His description of the events differed from the victim’s, in that he said they had been arguing, but he did not try to keep her out of the room. He said he was just closing the door and she pushed her way past him and flung the door open. The only physical contact came with her pushing through and he did not intend to make contact with her, he said.
Hamell then began recording the incident on his phone. His attorney noted the victim never brought up any contact that Hamell had made with her. Hamell said he began recording their arguments because whenever she didn't get what she wanted, she would threaten to call 911. He wanted to have recorded evidence in case she tried to use it against him.
Brown asked when Hamell started to notice unhealthy behavior from his fiancée, to which he referenced an incident in which she mentioned a terrorist attack and a medical issue with their son. She said she wanted to cancel the wedding on 20 or 30 occasions, but he told her he wanted to work it out, to be with her and for their son to have a full family, according to his testimony.
“She could have left whenever she wanted,” Hamell said.
Cretsinger commented there were only portions of the arguments recorded, only showing part of what had taken place. Hamell said he recorded when he was able, which often included times when she was upset.
Closing statements are scheduled for Tuesday morning.
Hamell has been an officer with the Newton Police Department for three years and is paid an annual salary of $54,732. The Newton Police Department was made aware of the criminal case July 29 after notification from the Jasper County Sheriff’s Office. He remains on paid leave and an internal investigation is in progress, Newton Police Chief Rob Burdess said.
If convicted, Hamell faces a maximum punishment of up to one year in jail and a $1,500 fine.
Contact Jamee A. Pierson at 641-792-3121 ext. 6534 or jpierson@newtondailynews.com