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WESTFIELD, Ind.–Just seconds before pointing a gun at a man’s chest and pulling the trigger twice, the magazine and a bullet fell out of Austin Weir’s gun, say charging documents. Weir was arrested and charged with assaulting road workers who were working on the side of the road Monday in Westfield.

Weir is charged with attempted murder, battery by means of a deadly weapon, battery resulting in moderate bodily injury

and pointing a firearm.

The victim told a Spanish-speaking officer while being treated at the hospital, that Weir was driving fast, but slowed down while they were working at 196th St. and Grassy Branch Rd. Monday night, yelling at the two Westfield Street Dept. employees to “get the f— out of my way.”

The victim said Weir stopped in oncoming traffic, argued with the workers, then got a gun out of his truck. The charging documents say Weir chased the man, hit him in the head with the gun. When the man was down, Weir pointed the pistol at his chest and pulled the trigger, twice. But, the magazine and a bullet had fallen out of the gun.

When Weir tried to reload, the second worker yelled at him and he got in his truck and took off, but not before yelling “f**king n****rs!”

Weir was found later by police, saying “I don’t have to answer that”, when asked about his truck, which fit the description given by the workers.

He told cops that he was attcked by the workers and had to fight them off, say the court documents. Weir had a 9 mm pistol in his waistband. He said he kept it to protect his family.