Rigby resident Marcia McNabb, 72, was arrested Nov. 2 after she fired shots at Burgess Canal & Irrigation Company employee William Boulter.

McNabb’s preliminary hearing was scheduled for Jan. 3, however it was vacated due to the reporting Jefferson County Sheriff’s Deputy being unavailable for the hearing.

Prosecuting Attorney Paul Butikofer said McNabb has been released for pretrial services and that a new date has yet to be set for the hearing.

According to a probable cause affidavit, Boulter told the reporting Jefferson County Sheriff’s Office Deputy that he had been cleaning the canal with a track hoe when he saw McNabb holding a rifle. He then turned the hoe to shield himself. Being afraid, he drove away after he saw McNabb point the gun at him. As he was leaving, he reported that he heard a small caliber rifle shot.

Boulter told the deputy that he has the right to tend the canal, and that he was not on McNabb’s property. He said he does not interact with her due to past incidents, including a time when she began throwing rocks at the track hoe.

The deputy stated in the affidavit that he too has responded to past incidents between McNabb and the canal company, however none of which involved a gun.

After speaking with Boulter, the deputy questioned McNabb, who admitted to firing shots at Boulter with a .22 long rifle. She said the canal company has been stealing her property and that it has been an ongoing issue. The affidavit states that she did it because “they came and were doing my front yard again.”

After admitting to firing the shot, the deputy arrested McNabb. While walking to the patrol vehicle, McNabb asked the deputy if she had the right to defend her property because her “whole property is covered in ‘no trespass’ signs,” and that nobody else will defend it.

The deputy responded that she can defend her property within reason and that firing a gun at someone is not within reason.

McNabb was charged with aggravated assault with a deadly weapon, punishable with up to five years in prison and a $5,000 fine.

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