Men charged in Route 495 road rage hammer attack say they were victims

CLINTON - Two men charged in connection with a case of alleged road rage in Bolton said they have video to prove they were actually the victims. The men are accused of attacking a tractor-trailer driver with a hammer.

"I never hit him with the hammer. Never," said 28-year-old Juan Marin.

Javier Gutierrez Vargas, 23, and Marin, both of Dracut, were arraigned Tuesday in Clinton District Court. Police say the two men attacked a tractor-trailer driver with a hammer in the breakdown lane of 495 south in Bolton around 2 p.m. on Monday.

But Marin says that's not how it happened. Instead, he says the 28-year-old truck driver from Maine signaled him to pull over. Cellphone video appears to show the truck driver pointing his finger.

When all three got out of the car, Marin says the truck driver came after him and his brother-in-law Vargas with a hammer.

"He hit him first," Marin said, pointing at Vargas. "And after that I was trying to defend."

Marin said he received stitches on his head after the incident.

"I didn't hit him with the hammer," Marin said. "He hit me with the hammer."

The truck driver was taken to the hospital with injuries that police described as serious, but not life-threatening.

Marin and Vargas are charged with two counts of assault and battery with a dangerous weapon and a single count of disorderly conduct. The judge released them on their own personal recognizance.