A Mobile man was arrested Monday afternoon after police say he refused to allow his son to leave their apartment, in an incident that drew patrol officers and eventually a SWAT team to a west Mobile complex.
According to the Mobile Police Department, officers were called to the Maison Apartments on Berwyn Drive at about 2:32 p.m. after a report that a man would not allow his son to leave the residence. It is unclear from police how long the child had been kept inside the home.
Firearm found, SWAT called
When officers arrived, they discovered that Hawkins Dwayne, 45, had a firearm inside the home. Because of the weapon and the nature of the standoff, a SWAT team responded to the scene and was able to take Hawkins into custody without further incident, police said.
The presence of the weapon is what turned an already tense family dispute into a tactical callout. Police did not say whether the firearm was displayed or fired, only that officers located it in the home while responding to the scene.
The charge
Hawkins was taken to the Mobile County Metro Jail and booked roughly four hours after police were first called to the apartment. He has been charged with second-degree unlawful imprisonment.
Under Alabama law, second-degree unlawful imprisonment — a misdemeanor — involves restraining someone in circumstances that do not rise to the level of the felony kidnapping offenses. A conviction carries up to three months in jail and a fine of up to $500. The relatively low maximum penalties reflect the charge’s position as the least severe offense in the state’s unlawful imprisonment statute, which covers everything from brief detentions to the felony-level abduction of a child.
As of press time, a criminal complaint had not yet been filed against Hawkins in Mobile County District Court, meaning the case was still in its earliest procedural stage. In misdemeanor cases, the filing of a complaint formally initiates the prosecution, after which the defendant receives a court date for arraignment.
How these calls are handled
Family disputes that cross the line into unlawful restraint occupy a difficult space for police. Officers responding to a report that someone is being held against their will must weigh the immediate safety of everyone in the home against the risk of escalation. The discovery of a firearm inside the residence is one of the factors that most often prompts a call for a SWAT team, which brings specialized training and equipment for resolving standoffs without gunfire when possible.
In this case, the presence of the SWAT team ended the incident without injury. The child was recovered from the residence, and the adult was booked into jail within hours of the initial call.
When keeping someone from leaving becomes a crime
Alabama’s unlawful imprisonment statute draws a line between parental discipline — which is legal within broad limits — and the physical restraint of another person against their will. A parent has wide latitude to set rules for a minor child, but police reports like this one typically arise when someone claims another family member is being confined in a way that goes beyond ordinary parenting, or when the person restrained is an adult.
Prosecutors and judges in these cases look at the specifics: who was restrained, for how long, under what threat, and whether a weapon was involved. The misdemeanor charge filed here signals that authorities assessed the conduct as a lower-level offense rather than the felony abduction of a child, which applies to taking or enticing a minor away from a legal guardian.
The case now moves through Mobile County District Court, where the pending complaint will be filed and a first court appearance scheduled. Hawkins remains presumed innocent unless and until the state proves the charge in court.
Police did not release additional details about the condition of the child or the relationship between the parties beyond the charge, citing the ongoing nature of the investigation and the involvement of a minor.