Apr 3, 2009 5 min read

WAYNESBURG – A Jefferson man who was shot in the back during a physical altercation with a Waynesburg man in May 2008 was found not guilty of assaulting the alleged shooter by a Greene County jury earlier this week. State police charged William Henry Durbin, 39, of Jefferson and Samuel William Boyd, 63, of Waynesburg last August with various counts for their alleged involvement in the altercation, which occurred outside Boyd’s residence on Rolling Meadows Road in Franklin Township. According to the criminal complaint filed by Trooper Mark A. Schmelzlen, the shooting occurred after Durbin and Boyd started arguing over money at Boyd’s home at around 2:30 p.m. May 3.

Police said Durbin went to Boyd’s residence to make payments for a mobile home he was purchasing from Boyd. An argument ensued and Boyd removed Durbin from his house, police said, adding that Durbin either fell or was pushed off the porch of the residence and injured his right leg.

At that point, witnesses urged Durbin to leave the home but he failed to do so, police said.

Boyd then called 911 two times to request assistance at his home. Additionally, police said witnesses at the scene made two other calls requesting police assistance.

Police said Boyd retrieved a .22-caliber revolver from his home and brought it to the porch. Durbin subsequently grabbed a metal lighthouse ornament from a rock garden at the home and struck Boyd in the left arm with it before hurling it at him, police said.

Durbin then started to walk down a walkway toward a garage when Boyd shot him in the lower right back, police said. Durbin fell to the ground, and Boyd again called 911 and reported that he had shot Durbin, police said.

Durbin was flown from the scene to Ruby Memorial Hospital in Morgantown, W.Va., for treatment. Police said surgical procedures were necessary to repair his liver, which was lacerated by the bullet.

Charges were formally filed against both men by state police in August. Boyd was charged with two felony counts of aggravated assault, simple assault and disorderly conduct as a result of the incident, while Durbin was charged with terroristic threats, criminal trespass, simple assault, disorderly conduct and public drunkenness for his role in the fracas.

The two men were ordered to stand trial on the charges during their respective preliminary hearings before Magisterial District Judge Lee Watson last September.

At the preliminary hearings, Watson heard testimony from two witnesses: Trooper Schmelzlen, the investigating officer; and Gerald Anderson, Boyd’s neighbor.

Anderson testified that he lives across the street from Boyd and he saw the two men arguing before it turned into a physical confrontation. He said he saw Durbin walk to the middle of Rolling Meadows Road and continue to yell at Boyd, and he then returned to Boyd’s property.

Anderson then testified he saw Boyd grab Durbin and throw him off the porch, and Durbin picked up a metal object – believed to be a lighthouse ornament – hanging from a shepherd’s hook in Boyd’s garden and threw it at Boyd.

Boyd then went into his house and came out with a gun, Anderson said. A woman who had been waiting in a car in Boyd’s driveway approached Durbin and attempted to get him to leave the premises, but he refused to leave, Anderson testified.

Schmelzlen testified that when he arrived at the scene he found Durbin lying on the sidewalk, drifting in and out of consciousness. He also testified that he detected an odor of alcohol on Durbin’s breath.

Schmelzlen said he interrogated Boyd, who told him that when the argument had escalated Durbin threatened to harm him, and that Durbin had struck Boyd several times with the metal object.

Bruises and scratches found on Boyd’s arm and hand indicated that he had been struck, Schmelzlen said.

In the criminal complaint, investigators said Boyd admitted to shooting Durbin but told police that he fired the round at Durbin because he thought Durbin was going to retrieve a rock to strike him. He told police that he meant to shoot him in the leg, the complaint states.

However, Schmelzlen testified at the preliminary hearings that none of the rocks in the area where Durbin was standing at the time of the incident appeared to have been picked up or moved.

At the conclusion of the hearings, Watson ordered all charges filed against the two men to be held for court, except for the charge of terroristic threats against Durbin, which was dismissed.

A jury trial for Durbin’s charges was held in Greene County court on March 30 in which seven people provided testimony, including Durbin, Schmelzen and Anderson, according to court records.

After deliberating for nearly 2 1/2 hours, the jury acquitted Durbin of the misdemeanor charges of simple assault and disorderly conduct.

Greene County Judge H. Terry Grimes also found Durbin not guilty of the summary offense of criminal trespass. He was, however, found guilty of public drunkenness – also a summary offense – and was ordered by Grimes to pay $300 in fines, according to court records.

Regarding Boyd’s charges, jury selection for his trial is scheduled to begin April 21. His trial will be scheduled at a later date. He remains free on a $50,000 unsecured bail bond.