Man charged with murder: “It was fight or die”

IDAHO FALLS — The man killed in Saturday’s shooting was shot in the back, according to a police report.

Justin C. Sarbaum, 36, of Idaho Falls, remains in the Bonneville County Jail on a $200,000 bond for a second-degree murder charge.

Sarbaum made an initial court appearance Tuesday in Bonneville County.

Court records detailing the events that led up the killing of Tyson Tew, 32, reveal there was a physical fight between the two men.

According to an Idaho Falls Police report obtained by EastIdahoNews.com, Sarbaum told investigators Tew arrived at Sarbaum’s apartment on the 2700 block of St. Clair Road around 3 p.m. on Saturday.

Sarbaum said Tew had been kicked out of Tew’s house by his wife. According to his statements to police, Tew had caught his wife with another man the day before, and Tew had apparently beat the man.

Sarbaum said when Tew arrived at Sarbaum’s apartment, Tew was agitated.

Sarbaum, Tew and another man played a game of darts. During the game, Tew threw a dart at the floor, hitting Sarbaum in a toe. Sarbaum told investigators this really upset him. Sarbaum told investigators he did not appreciate how Tew was acting and said Tew was throwing darts into a door and kitchen cabinets, causing damage to Sarbaum’s house.

Sarbaum asked Tew to leave. According to Sarbaum, instead of leaving, Tew went into a bedroom. Sarbaum again asked Tew to leave several times and eventually told Tew that he would be physically removed if he did not leave on his own.

At one point Tew began to walk out of the home. Sarbaum told investigators that as soon as he let his guard down Tew turned and grabbed Sarbaum’s shirt pulling Sarbaum to the ground.

Sarbaum told police that Tew beat him up severely. Sarbaum said Tew was on top of him, punching him until Sarbaum was able to free himself. Tew and Sarbaum ended up on the ground again and Sarbaum again freed himself from Tew.

According to Sarbaum, once both men were back on their feet, Sarbaum ran out the home. Sarbaum said he was scared and grabbed a metal gun rack from his truck to protect himself. Sarbaum said that he stayed outside and yelled at Tew, telling him to leave.

Sarbaum told police he was “jacked up,” the situation was “fight or die” and he was “seeing double” when Tew left his apartment.

When Tew walked past Sarbaum, Sarbaum asked him not to leave mad and asked Tew to shake his hand. According to Sarbaum, Tew refused, said something unfriendly and something that sounded threatening as he walked away.

Sarbaum said he then went back into his apartment and retrieved a .22 caliber handgun.

Moments later Sarbaum said he heard the front door open again. Sarbaum said he yelled to Tew stating that he had a gun and to not come back into the room. Sarbaum said he chambered a round, kept the gun on safety and his finger off the trigger. Sarbaum said he had the gun half raised and again announced to Tew that he had a gun, and he was prepared to use it if he had to.

He told investigators that Tew continued down the hallway leading to the room Sarbaum was in. He told investigators Tew stopped near the doorway to Sarbaum’s room and stared at him.

Sarbaum said that he again asked Tew to leave and told Tew the gun was off safety and he was prepared to shoot. Sarbaum said Tew then stepped forward in an aggressive manner. Sarbaum said that after considering the injuries he sustained and his inability to see correctly, he felt there was no other choice.

Sarbaum said he fired two to three rounds and remembers Tew starting to run.

Sarbaum told investigators that once he felt the threat was eliminated he put the gun back on safety and maintained trigger discipline. Sarbaum said he followed Tew down the hallway where Tew then fell near the back door.

Sarbaum said he backed out of the apartment, once outside he called 911.

At one point, Sarbaum hid marijuana paraphernalia in the tank of his toilet, police said.

According to Idaho Falls police reports, Tew was found with two bullet wounds, one in the upper right shoulder and another in the spine. Sarbaum told police he was aiming for center mass.

Sarbaum showed surprise when police told him Tew had been hit in the back, not the front.

“Justin had been distraught throughout the interview, but became even more distraught at this news,” according to the report. “Justin was repeating, ‘No, no, no.'”

He could not explain the shots to the back.

“Justin swore he did not intentionally kill Tyson and that he was scared,” police wrote. “Justin said he didn’t mean to hit him in the back. … Justin said that maybe Tyson turned and started running, but he didn’t know.”

Sarbaum was a three-time combat veteran.

“Justin said that he refused to survive 37 or 38 months in Baghdad, the Sunni triangle, spearheading into Iraq in 2003 to lay down in his apartment in Idaho Falls to be a victim,” according to police. “Justin said that it would not happen. Justin said that he was attacked in his own house. Justin said that he had the holy dog s— kicked out of him. Justin said that he had to shoot his best friend to keep that from happening again.”

A preliminary hearing for Sarbaum is scheduled for Jan. 31.