David Diaz Jr., 37, Minot, is accused of kicking in the door to an apartment and trespassing on Monday.

Diaz is charged with Class C felony criminal trespass in district court in Minot. He was scheduled to make an initial appearance on the charge on Monday before Judge Stacy Louser, but a correctional officer said Diaz refused to come to court. Louser then said she would see Diaz in court today.

According to the probable cause affidavit filed with the court, three men had been outside in the alley when they looked up and saw Diaz waving to them from the apartment tenant’s bedroom window. The man did not know Diaz and had not given Diaz permission to go into his apartment. The men ran upstairs to the apartment and saw Diaz standing inside by the damaged door. The tenant told Diaz to leave and Diaz replied “Call the cops.” The police were called and Diaz was located and taken to jail.