A Cumming man has been arrested for aggravated assault with a gun after firing five rounds at a FedEx delivery truck Saturday and nearly striking its driver.

According to an incident report filed Jan. 20 by the Forsyth County Sheriff’s Office, Austin Fouts, a 24-year-old man from Cumming, was taken into custody Saturday night after he allegedly fired a handgun at a FedEx delivery truck, which he allegedly mistook for a burglar fleeing the scene of a crime.

The reporting officer, Deputy C. Potter of the Forsyth County Sheriff’s Office, stated in her report that Austin Fouts and his father Christopher Fouts returned home to Concord Brook Lane in north Forsyth at about 7 p.m. and observed a “white box truck leaving their driveway”.

Potter said that Austin Fouts, “believed that their residence had just been broken into,” and that he had, “seen [rental] trucks driving the subdivision before and even parked in the church down the road so he thought it was a break in.”

She said that Fouts admitted to getting out of his truck with a Glock 19 and firing, “four or five rounds into the grass while standing in the street.”

He also admitted to firing at the truck, according to the incident report. The driver of the FedEx truck was unharmed in the incident.

Potter’s report said that as the box truck sped down Concord Brook Lane Fouts, “ran down the road as he fired more rounds at the back of the box truck”.

The report said that five bullet holes were found in the back of the box truck and four holes were found in the truck’s front cab.

“One bullet hole was just above the headrest of the driver seat,” the report said.