Warning shot fired by Waynesburg resident

October 10, 2013
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Jason Allen Rutan
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Timothy J. Haywood

WAYNESBURG – Two Waynesburg men were charged with criminal attempt burglary, defiant trespass, terroristic threats and harassment after police responded to call for shots being fired shortly before 1 a.m. Thursday at 145 ½ W. Franklin St., Waynesburg.

According to a criminal complaint filed with Greene County Magisterial District Judge Glenn Bates, Mark Diamond of 145 ½ W. Franklin St., placed a 911 call after he fired a shot allegedly to scare Timothy J. Haywood, 37, of Waynesburg and Jason Allen Rutan, 35, of 428 Jennings Ave., who were pounding on the door to his residence.

Police said Diamond told them he fired one round from a shotgun through the top of his door to scare Haywood and Rutan, as he feared for his son, his girlfriend, Amy Ann Evans, and himself.

Diamond told police he received threatening text messages from Haywood and Rutan before they arrived at his residence early Thursday. Diamond said he responded to the texts by telling these men that he did not want anything to do with them and they should stay away. The nature of the threats in these messages was not revealed in the criminal complaint.

Haywood and Rutan then came to Diamond’s residence where Diamond alleges they started beating on his door and then kicking it, according to the complaint. Diamond said he continued to tell them, through the closed door, that he wanted nothing to do with them and that they should go away. He said he told them he was afraid for himself, Evans and his son and that they needed to get off his porch. He claims that they continued to kick his door and he fired a shot to scare them, not to hit anyone.

Diamond said the pair fled on foot and he called 911.

Police said Diamond showed them his cell phone where they found approximately 17 threatening text messages from Haywood and Rutan, along with several responses from Diamond requesting that they leave him alone.

A single gunshot hole, fired from inside the residence, was found at the top of the door along with a dent on the outside containing a footprint, according to police.

Evans, who was questioned separately from Diamond, gave a written statement that corroborated what Diamond had told police.

While officers were on scene a second 911 call came in from Rutan and Haywood, reporting that they had been shot at by Diamond. Cumberland Township Police officers, who were on scene to assist, apprehended and detained Rutan and Haywood for Waynesburg Borough Police.

Both Rutan and Haywood were arraigned before Bates at 5 a.m. on Thursday. A preliminary hearing is scheduled before Bates at 2 p.m. on Oct. 24.



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