An Indianapolis man facing a charge of attempted murder for allegedly assaulting a Westfield city employee has had his jury trial rescheduled until March.
Austin J. Weir, 38, was charged in Hamilton County Circuit Court Aug. 30 with Level 1 felony attempted murder, Level 5 felony battery with a deadly weapon, Level 6 felony battery resulting in moderate bodily injury and two Level 6 felony counts of pointing a firearm. Weir was originally scheduled to face a jury trial Jan. 25, but that was rescheduled for 9 a.m. March 8, according to online court records.
A probable cause statement filed in the case indicates that two victims flagged down police and said a man had assaulted them. One of the victims, who said he worked for the City of Westfield Street Dept., told police that he and his co-worker had parked their vehicle on Grassy Branch Road near the intersection of 196th Street and Grassy Branch to trim grass.
The victim said he noticed a black, older model pickup truck driving eastbound on 196th Street traveling at a high rate of speed and put his hand out to signal the driver to slow down, according to court records. The driver of the vehicle allegedly told the victim to “get the (expletive) out of my way” and retrieved a handgun, chased one of the victims and struck him in the head with the weapon, causing him to fall to the ground, according to the probable cause statement.
While on the ground, it is alleged that Weir struck him again with the firearm and that a struggle occurred between the two men. Weir allegedly got up, pointed the handgun at the victim’s chest and pulled the trigger, according to court records.
The victim told police that after Weir pulled to the side of the road on 196th Street, he began arguing with one of the victims. As the two men were arguing, Weir swung at one of them, but was blocked by a Weed Eater that one of the victims was holding, according to court records.
After hitting one of the victims two times on the top of the head, Weir allegedly got back into his truck, yelled an expletive and racial slur, then drove eastbound on 196th Street. Weir was eventually taken into custody by Westfield Police Dept. officers, who said they found a black semi-automatic handgun stuck in his waistband.
Online court records show that bond was posted for Weir Oct. 5. A final pretrial hearing in the case is scheduled for 2:30 p.m. Feb. 28 before Hamilton County Circuit Court Judge Paul A. Felix.