A man police say pulled a gun during an argument has been charged with aggravated assault

CHUBBUCK — A Chubbuck man is facing a felony charge after allegedly pulling a gun on his neighbor.

Richard Damien Jacobus, 47, has been charged with aggravated assault with a deadly weapon, court documents show.

Chubbuck police received a call around 3 p.m. Sunday reporting the assault. The caller told officers a neighbor had pulled a gun on her brother, according to an affidavit of probable cause.

When officers arrived at the scene, they spoke with the victim who told them that he and Jacobus had been in an argument.

The fight started with an accusation that the victim had stolen something from Jacobus’ truck. It quickly escalated, the victim told police. At one point, the victim yelled at Jacobus to get off his property.

As Jacobus started to walk away, the victim followed. He told police that he wanted to be sure Jacobus was leaving.

As Jacobus was heading to his own property, police say he threatened to kill the victim’s dog if it came onto his property.

Both men were standing on their own property nearly face to face, and they proceeded to hurl insults at each other, the affidavit shows. At one point, Jacobus allegedly told the victim, “I’ve been to Afghanistan and I should kill you.”

He replied, “Then kill me, motherf***er,” the victim told police.

When the victim looked down, he realized that Jacobus had a gun out and pushed it into his midsection.

Police say that when the victim realized a gun was involved, he backed up and yelled to other neighbors who had gathered that Jacobus had pulled a gun. Jacobus put away the gun and began to walk away, the victim said.

Asked if the situation caused him to fear for his well-being, the victim told officers that “all the blood in (his) body drained.”

Officers spoke with two witnesses who said that they saw the gun and that Jacobus had it pointed into the victim’s body at close range.

According to the affidavit, officers spoke with Jacobus inside his house.

Jacobus told officers that the victim has been a problem for 14 years before stating, “I plead the fifth,” then continuing to speak, the affidavit says. Asked what occurred that led to the incident, police say Jacobus again invoked his fifth amendment right.

Officers placed Jacobus under arrest and requested the gun. According to the affidavit, Jacobus told them it was under his bed, but that it is his “personal carry gun.” Officers informed him that because it was used in the commission of a crime it would be taken for evidence.

Jacobus responded, “a supposed crime.”

Officers seized a Kimber 9mm handgun that matched the description provided by the victim. According to the affidavit, the gun’s magazine, which carries seven rounds, contained six while a seventh was chambered.

The affidavit says that officers canvassed the neighborhood but could not find surveillance or doorbell camera footage of the incident.

Jacobus was taken to Bannock County Jail. He posted a $15,000 bond the following day and was released.

Though Jacobus has been charged with this crime, it does not necessarily mean he committed it. Everyone is presumed innocent until they are proven guilty.

If he is found guilty, Jacobus could face up to five years in prison and $50,000 in fines.