A court document alleges Austin J. Weir pulled the trigger of a gun while aiming at the worker's head and chest — but the weapon didn't fire because its magazine had fallen out during a physical struggle between the two men.
A probable cause affidavit alleges Austin J. Weir, 38, of Westfield pointed a gun at the victim and pulled the trigger twice, but the weapon didn't discharge because the magazine had fallen out during a physical struggle between the two men.
The worker saw Weir coming eastbound on 196th Street in a pickup truck and motioned for him to slow down. It was then Weir shouted for the worker to"get the out of my way," the affidavit alleges. While on the ground, the worker pulled Weir down and the two got into a physical struggle. At some point, the worker saw a magazine and bullet fall. Weir eventually stood up, pointed the gun at the worker's chest and pulled the trigger.
It was then Weir noticed the magazine had fallen from the gun. He was preparing to grab the magazine when the victim's colleague started yelling at him, causing Weir to walk back toward his truck and drive off.The victim and his colleague then got ready to call 911 but then flagged down an off-duty Westfield officer in his patrol vehicle.Westfield police found Weir's vehicle a few hours later at Scofield Ridge Boulevard and Hayward Way.
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