Feb 3, 2016 2 min read

WAYNESBURG – Two men who attempted to kick in a door at a house in Waynesburg and were scared away by a warning shotgun blast from the occupant were found guilty this week of criminal trespass following a non-jury trial before Senior Judge Hiram Carpenter III.

Jason A. Rutan, 37, and Timothy J. Haywood, 40, both of Waynesburg, were charged with criminal trespass and terroristic threats following the incident Oct. 10, 2013 at 145 ½ W. Franklin St.

Carpenter also found Haywood guilty of terroristic threats, while acquitting Rutan of the same charge.

Waynesburg police were called at 1 a.m. to the Franklin Street home of Mark Diamond, according to the criminal complaint. Diamond told police he had fired his shotgun once to scare Rutan and Haywood as they attempted to kick in his door.

Diamond said he had received threatening text messages from the two men before they arrived at his residence and responded with texts telling them he didn’t want to have anything to do with them and to stay away from him.

When they arrived and began beating on the door, Diamond told police he was afraid for himself, his girlfriend and his son. When they continued to kick at the door, he fired one shotgun blast through the top of the door. He told police he did it as a warning and did not intend to shoot anyone.

Diamond said the men ran away and he called 911. While police were on scene a second 911 call came in from Rutan and Haywood, reporting they had been shot at by Diamond.

Police said damage from a single shotgun blast was found at the top of the door at Diamond’s house. Dents and markings also were evident on the door’s exterior where it apparently had been kicked. In addition, Diamond’s girlfriend, who was interviewed separately, gave a statement corroborating Diamond’s account of the incident, police said.

Police said Diamond’s cell phone contained text messages from both Haywood and Rutan. In convicting Haywood of the terroristic threats charge, Carpenter said he found Haywood’s texts to be aggressive and threatening. Rutan’s texts, however, included no similar threats, he said.

The two men remain free on bond. Carpenter scheduled their sentencing hearings for Feb. 24.