Lava man charged with aggravated battery for allegedly pistol-whipping another man

LAVA HOT SPRINGS — A local man faces a felony charge after police say he hit another man with a gun.

Richard Daniel Wilcox, 57, has been charged with aggravated battery, court records show, for the use of force and violence during an argument.

Bannock County Sheriff’s deputies were called to a restaurant on Main Street in Lava Hot Springs following reports of a physical disturbance around 11 p.m. Monday, according to an affidavit of probable cause.

Deputies spoke with the restaurant manager, who said that Wilcox, an employee at the restaurant, had been involved in an argument with a fellow employee. During the argument, Wilcox allegedly hit the other man with a handgun.

Other employees disarmed Wilcox, the affidavit said. They gave the gun to deputies but informed them that Wilcox owned other guns and was believed to be armed.

As deputies looked for Wilcox, they were informed that he had called Bannock County Dispatch from a nearby market. While deputies were headed toward the market, they were told that Wilcox was in front of the restaurant where the battery occurred.

Deputies went around the back of the restaurant, toward the front where they were told Wilcox was, with their guns drawn.

Deputies saw Wilcox sitting in front of the restaurant and commanded him to show them his hands. Wilcox responded, “F*** you,” several times, the affidavit says.

Wilcox eventually complied with commands to get on the ground and was placed in handcuffs. Due to several injuries to his face, deputies requested medical assistance from EMS, which had been staged at a safe distance away.

During a search, deputies found Wilcox had a handgun holster they believed to be a match for the Ekol Viper handgun that had been provided by the restaurant employees.

Deputies spoke with the victim and witnesses.

The manager told deputies that Wilcox was drunk and had tried to enter the restaurant through the front doors after closing time. He then went around the back of the restaurant and through the kitchen, where the manager intercepted him and told him to leave.

Wilcox refused, so the victim stepped between the manager and Wilcox with more demands that Wilcox leave.

Wilcox did leave but returned a short time later and tapped on the dining room door window with a handgun, witnesses said.

The victim told deputies that Wilcox came inside the dining room and pistol-whipped him. He wrestled Wilcox, who allegedly hit him with the gun again. Another employee joined in and helped the victim in disarming Wilcox without the gun firing.

Wilcox escaped and left the dining room. As he was leaving, though, he allegedly told the two employees that he was going to return with other guns.

While EMS was providing Wilcox with medical care, he spoke with deputies. He said that the two employees jumped him because they did not like him. Wilcox told deputies he was never told to leave.

Asked about the gun that was taken from him, Wilcox allegedly told deputies he did not have a gun. When deputies asked about the empty holster, Wilcox said he did not know how it came to be tucked into his pocket.

Deputies noted in police reports that Wilcox had “clearly” been drinking and was “a bit out of it.” He was unable to provide deputies with a clear description of what happened.

When EMS cleared him, deputies took Wilcox to Portneuf Medical Center for further treatment.

Deputies collecting evidence noted that the handgun turned over to them by the restaurant employees had a small amount of skin and blood inside the barrel.

Wilcox was transported to Bannock County Jail, where he was booked and is currently being held on a $30,000 bond.

Though Wilcox has been charged with this crime, it does not necessarily mean he committed it. Everyone is presumed innocent until they are proven guilty.

If he is found guilty, Wilcox could spend up to 15 years in prison.

He is scheduled for a preliminary hearing before Magistrate Judge Carol Tippi Jarman on Nov. 28.