Judge David A. Wiseman rescheduled the hearing for Feb. 16, 2011, adding that a bench warrant will be issued against Babauta if he fails to attend.
The Adult Probation Office at the same time informed Wiseman that Babauta is ineligible for a court-appointed counsel.
The Adult Probation Office told the court that Babauta had not paid $60 of his $100 probation fee.
Babauta also failed to pay a fine amounting to $1,050.
Early this year, a former detainee sued Babauta in federal court and the Departments of Corrections and Public Safety, and some of its officers, after he was punched by Babauta while in detention in Jan. 2009
In 2008, a local jury found Babauta not guilty of assault with a dangerous weapon as well as assault and battery.
But the Superior Court sentenced Babauta to six months for disturbing the peace, all suspended except for 30 days to be served under house arrest.
According to the Attorney General’s Office, Babauta assaulted a taxi operator with a .223 rifle at his house in As Teo on June 9, 2007.
The taxi operator dropped Babauta’s former girlfriend at his house prior to the incident, police said.
The Superior Court also dismissed without prejudice last August the criminal charges against Babauta.
The AGO moved to drop the case after the victim, his wife, could not be found.
The AGO said Babauta slapped his wife in the presence of a child and threatened to kill her on Aug. 1, 2009.
