SOUTH BEND — An individual was taken into custody hours after officers meticulously investigated the report of a man pointing a firearm at people in South Bend on May 24. The incident resulted in hours of a significant police presence in the area of A Street and B Street in South Bend between late May 24 and into the early morning hours of May 25.

The incident involved officers staging near an alleged victim’s house for hours in case the suspect returned while they were waiting for a search warrant.

The South Bend Police Department (SBPD), Raymond Police Department, Pacific County Sheriff’s Office and Shoalwater Bay Police Department rushed to the area at 9:27 p.m. after a 911 caller reported that individuals were arguing and that someone mentioned they had a gun. Officers quickly responded to the area and received another 911 call from the alleged victim who stated his neighbor had pulled a gun on him.

Road rage

The incident reportedly began as a road-rage incident on U.S. 101 between Raymond and South Bend.

“[The alleged victim] advised me that he was driving about 45 miles per hour and a gray-colored Toyota Tacoma passed him and cut him off, in front of him very close,” SBPD Officer Jordan Dockter stated in court documents. “[The alleged victim] advised that they continued driving and at one point they exchanged words, and [he] flipped off the suspect…”

The driver of the Toyota Tacoma was identified as Marcus S. Overstake, 29, of South Bend.

The alleged victim was able to show officers the truck that was involved, which Dockter noted he knew belonged to Overstake.

“[The alleged victim] advised me that he pulled into his residence and Overstake was pulled into the alley on the right side of the residence, exited [the truck] and pointed a pistol with a flashlight directly at [him] and his mother,” Dockter stated.

Dockter also spoke with the man’s mother, who “advised of an almost identical story to [her son’s] and advised they were in the area of the concrete plant when a gray truck passed her and [him] and cut in front of them very closely,” Dockter added.

She also noted that her son and the man had a verbal exchange and that he had flipped off the man, identified as Overstake.

According to court records, Dockter asked the mother and son if they wanted to press charges. They were hesitant, according to Dockter, with the son only wanting to press charges if Overstake was a felon. Dockter reportedly persuaded the duo that the situation was serious and warranted charges.

Search warrant

Officers applied for and were granted a search warrant by Pacific County North District Court Judge Scott Harmer hours after the incident. The warrant was served on Overstake’s address and officers detained two occupants, including Overstake. Despite a lengthy search, officers reportedly were unable to locate the firearm but did find “loose 9mm ammunition.”

According to court records, officers spoke to several friends of Overstake and learned he had multiple firearms, including one with a weapon-mounted flashlight. One of the friends had sold the weapon-mounted flashlight to him.

“I advised Overstake that a suspect matching his exact description got out of a truck matching his description, exited the vehicle and pulled out a black pistol with a possible extended magazine with a weapon mounted light,” Dockter stated. “The pistol was then pointed directly at the two victims and then the suspect took off after this.”

“At this time Overstake advised that he knew his rights and didn’t want to speak to us anymore,” Dockter added.

Overstake was booked into the Pacific County Jail for two counts of first-degree assault with a deadly weapon. He appeared for a preliminary hearing in Pacific County Superior Court on May 27 and Judge Donald J. Richter set his bail at $50,000. He was ordered to be placed on electronic home monitoring if bail was posted — at his relative’s home in the inner valley.

As of the court appearance, the firearm had not been located and his relatives and friends were actively looking for them to hand over to police. Overstake is set to be arraigned on June 6 and is being represented by defense attorney Nathan Needham of Needham-Glenn Law.