BUCKHANNON — A man who allegedly threatened to kill a family on the Bailey Ridge Road, sparking a shootout Wednesday evening, has been charged with attempted murder, according to a press release from the Upshur County Sheriff’s Department.

“Austin Wayne Arbogast is charged with attempted murder, malicious wounding, wanton endangerment, presentation of a firearm during the commission of a felony and attempted burglary,” according to the release. “The incident remains under investigation by the Upshur County Sheriff’s Office.”

The release says Arbogast arrived at a residence on Bailey Ridge Road with the intent to forcibly take his five-month-old child, who was inside. The situation escalated as Arbogast tried to enter the residence by kicking the door, and the homeowner shot Arbogast, who drew his own gun and returned fire, according to the release. Both men were injured.

“On March 20, 2024, Austin Wayne Arbogast, 24, of Buckhannon, West Virginia, did arrive at the residence belonging to Joseph H. Bosley Jr., the victim, at 2510 Bailey Ridge Road in Buckhannon, Upshur County,” the release states. “Austin Wayne Arbogast is the biological father of a five-month-old child inside the residence and arrived to forcibly take the child.”

Witnesses told officers Arbogast threatened to kill the family and tried to kick in the front door.

“According to witnesses, Arbogast stated he was coming to the residence to cause bodily harm to Bosley’s family and kill the entire family,” the release states. “Arbogast attempted to kick in the front door of the residence, evident by a shoe print on the outside of the front door, visually matching Arbogast’s footwear.”

That’s when the homeowner fired at Arbogast, the release states.

“Joseph H. Bosley Jr., fearing for the safety of his family, fired a 9mm handgun from inside the residence, striking Arbogast,” the release states. “Bosley stepped out onto the front porch, and at that time, Arbogast presented a 9mm handgun and shot Bosley, causing a wound to Bosley’s lower abdomen. The 9mm round from Arbogast’s firearm went through Bosley and through several layers of drywall into the residence, endangering the other occupants of the residence, including his five-month­old child.”

Bosley then shot Arbogast several more times.

“Bosley then fired more shots at Arbogast, striking him more times, and causing the Arbogast to retreat,” the release states. “Arbogast put down his firearm and laid by the front porch, and continued to state that after he recovered, he would kill Bosley.”

Arbogast remains hospitalized in critical condition, according to the release. Bosley was treated and released, according to My Buckhannon’s previous coverage of the shooting.