James Andrew Scott

James Andrew Scott

CHUBBUCK — A Pocatello man is facing up to life in prison after police say he kicked in a door, pointed a gun at a man's face and forced him to hand over the keys to a BMW last week during a dispute over vehicle payments.

James Andrew Scott, has been charged with robbery, aggravated assault, burglary, two counts of grand theft and unlawful possession of a firearm, according to police and court records the Idaho State Journal recently obtained.

The investigation into Scott began to unfold after police were dispatched to a Chubbuck home the evening of Sept. 21 after a man reported that Scott had entered his home and pointed a gun at him during a dispute over a vehicle, according to a Chubbuck Police report contained within the probable cause affidavit filed against Scott.

Scott was no longer on scene when police officers arrived.

The man told officers he and Scott had a signed payment agreement for a silver BMW that had been turned over to him earlier in the month, and that Scott showed up demanding the vehicle back because he needed money, police said.

The man told officers Scott knocked on his door and gave a name he didn't recognize, then kicked the door in when it was opened, breaking it off its hinge, according to the affidavit.

A physical struggle followed, during which the man said Scott pulled out a black handgun, pointed it at him and demanded the keys to the BMW, which he then handed over, the police report says.

A witness at the residence told police he heard someone kick at the man's door and saw him rush through the home afterward, and said the person he saw matched someone he recognized as having been at the property before, according to court records. The witness said he heard the intruder yell that he would return with friends as he left, the affidavit states.

The victim told police the gun was pointed at his face and that he believed Scott was going to kill him, according to the affidavit. He said he'd known Scott for roughly two years and had seen him carry a gun before, court records show.

Investigators used Flock license plate reader data to confirm the BMW's description with the man before broadcasting an attempt to locate Scott and the vehicle, and probable cause was established for robbery, police said.

Officers later learned Scott had been released from the Bannock County Jail for drug charges in an unrelated incident just hours before the alleged robbery, according to court records.

Early the morning of Sept. 22, Chubbuck and Pocatello police located the BMW parked at a Pocatello trailer park, the affidavit states.

Believing Scott was armed, officers set up a perimeter and watched him exit a residence, get into the BMW and drive away before stopping the vehicle near the park's entrance, according to court records. Scott was taken into custody without incident.

When told he was under arrest for robbery, police said Scott responded, "For getting my car back?" He later told officers he had sold the car before a previous jail stay and went to retrieve it because the buyer hadn't been paying him, court records show.

A search of Scott's person turned up nothing of evidentiary value, though a search of the BMW turned up a black Beretta handgun, according to the affidavit.

The handgun was later confirmed stolen, matching a separate Pocatello police report of a firearm taken from a Pocatello man's bedroom safe roughly two weeks earlier during an apparent break-in through a window, court records show.

Scott was subsequently transported to the Bannock County Jail in Pocatello. During transport, Scott told an officer the arrest was "a huge misunderstanding" and denied pointing a gun or kicking in any door, the affidavit states.

Scott appeared before 6th District Magistrate Judge David W. Cousin for an arraignment hearing via video conference from the Bannock County Jail on Sept. 22, where his bond was set at $125,000.

He is scheduled to appear in court again Wednesday for a preliminary hearing. Prosecutors will attempt to present sufficient evidence to elevate the case from magistrate to district court for trial.

Prosecutors filed notice they will seek two enhancements against Scott, one for using a deadly weapon during the commission of a felony crime and another for his previous felony convictions.

The deadly weapon enhancement could add an additional 15 years to any sentence levied against him, and the persistent violator enhancement could also significantly extend how much time Scott could spend in prison.

If Scott is convicted of robbery, he faces no less than five years and up to life in prison and a fine of up to $50,000.

Each of the two felony grand theft charges he faces carries a penalty of no less than one and up to 14 years in prison and a fine of up to $5,000.

Burglary carries a penalty of no less than one and up to 10 years in prison and a fine of up to $50,000.

The aggravated assault and unlawful possession of a firearm charges are each punishable by up to five years in prison and a fine of up to $5,000.

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