David Diaz Jr., 36, Minot, who was charged earlier this summer with a night time burglary, was charged with burglary and criminal trespass on Wednesday in Minot. Both are Class C felonies.

Diaz refused to cooperate when the sheriff’s office tried to bring him to court for a preliminary hearing on Thursday on the earlier burglary charge. Judge Gary Lee then said he would take Diaz’s refusal to appear in court as an indication he wants to waive his preliminary hearing on that B felony burglary charge. Lee suggested that public defender James Wiese try to “talk some sense” into Diaz and get him to appear for an arraignment on the charge at which he could enter a plea.

In that case, Diaz allegedly kicked in the door to a southeast Minot apartment and stole an XBox 360. Diaz was later found sitting in the area with the XBox on the bench next to him. He told officers that he had forgotten his key and was waiting for his girlfriend. He refused to comment further.

Court records show that Diaz was booked into jail on the newest burglary and criminal trespass charges on Wednesday afternoon. He also refused to make an initial appearance in court on Thursday on those charges.

According to the probable cause affidavit in that case, the occupant of the apartment came home on Wednesday to find Diaz inside her upstairs apartment. Diaz was found in a bedroom in the apartment and was caught putting on some of the female resident’s pants. He also had a resident’s cell phone inside his pants pocket. Diaz had entered the apartment through an unlocked back door. He left after he was confronted and then went downstairs and kicked in the door to the downstairs apartment, which was occupied by two other people. He woke up both of the other occupants and ripped down a blanket that was used as a door. He also rummaged through some items in the downstairs apartment.

Diaz told police he had been given permission to go in the apartment and claimed that one of the occupants of the downstairs apartment had stabbed him with a knife when he was found in that apartment. Diaz was taken to the hospital, where he was medically cleared. His wound was more of a scratch than a stab wound.