Case dismissed against man for alleged gun incident

Published 8:30 pm Sunday, March 1, 2026

SOUTH BEND — The case has been dismissed against a man who was accused of pointing a firearm at a man in South Bend. The incident transpired on May 24, 2025, following an alleged road-rage-style incident on US 101 between Raymond and South Bend.

Marcus S. Overstake, 30, was reportedly traveling on US 101 between Raymond and South Bend, headed towards South Bend when he allegedly passed another vehicle and cut the vehicle off.

The two drivers then reportedly exchanged words and the alleged victim flipped off Overstake.

The incident reportedly spilled over into South Bend, where Overstake allegedly confronted the man with a firearm — identified at the time as a pistol with a weapon mounted light.

It is alleged Overstake also may have been a victim and was chased down.

Hours after the incident, Overstake was apprehended after the South Bend Police Department acquired a search warrant and served it with the assistance of the Raymond Police Department, Shoalwater Bay Police Department, and Pacific County Sheriff’s Office.

According to court documents, the alleged victims were unable to specifically identify Overstake as the suspect. Instead, he was identified through a single-suspect identification method, by SBPD Officer Jordan Dockter.

Dockter presented the man with a photo of Overstake, and the man stated that he believed Overstake was the suspect.

The identification method was challenged by Overstake’s legal counsel, Nathan Needham of Needham-Glenn Law, in a motion to suppress the witness identification. Needham’s argument was that the identification and questioning by Dockter, was too suggestive.

On Aug. 29, 2025, Judge Donald J. Richter sided with the defense and tossed out the identification. The ruling left the Pacific County Prosecutor’s Office with little evidence left to take to trial.

Considering the single-identification-method, even at trial Needham could have argued if the alleged victims could point out Overstake as the suspect, it could be argued that he was already prejudiced.

According to court documents, the Pacific County Prosecutor’s Office continued towards a trial until Pacific County Prosecutor Michael Rothman submitted a motion to dismiss the case without prejudice on Feb. 26.

Richter ordered to remove all pretrial conditions against Overstake and for his bail to be exonerated.

“I feel like this is a case where justice was served,” Needham said. “I feel the State did their diligence in this case, including follow up interviews, specifically with the victims. I feel the State felt comfortable in their decision.”