A 73-year-old Rigby woman accused of aggravated assault with a deadly weapon has been sentenced to four years probation and a $1,000 fine.
Marcia McNabb was arrested Nov. 2 for shooting a .22 rifle at and threatening a Burgess Canal & Irrigation Company employee working near her property.
The employee in question told police he did not interact with McNabb because of past incidents. McNabb said the canal company had been stealing her property and said she felt she had a right to defend her property, according to court documents. She said this had been an ongoing issue. After her arrest, McNabb was allowed pretrial release on the condition she relinquish her firearms and have no confrontations with anyone from the canal company.
As part of her probation requirements, McNabb must undergo psychological testing within 30 days of the Sept. 30 sentencing. She will spend 180 days in incarceration at the discretion of the probation officer and/or the court. She is not allowed to own or possess a firearm, and has been issued a no-contact order for the canal company and Jim Boulter.
The charge for felony aggravated assault with a deadly weapon is punishable with up to five years in prison and a $5,000 fine.
McNabb initially pleaded not guilty to the charge of aggravated assault with a deadly weapon earlier in 2019 before changing her plea to guilty May 29. After her plea, the state agreed to grant withheld judgment. Withheld judgment means the felony charge will not remain on McNabb’s record if she successfully completes her probation and pays what she owes to the state. Court records indicate McNabb will be allowed to pay her fine and court costs — which amount to around $2,000 — in installments of $50 per month.