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Washington County man fatally shoots alleged attacker in his yard

By Susy Kelly skelly@heraldstandard.Com 3 min read

State police have identified the homeowner who shot and killed one of the men who allegedly attacked him at his Washington County home Sunday night, and charges have been filed against the second attacker.

Police said Nicholas Dziyak, 74, of 93 McGirts Road in West Pike Run Township, fatally shot Robert West, 42, of Fredericktown, after West and another man, Andrew Graseck, 18, of Carmichaels, allegedly attacked him in his yard at around 9 p.m.

Graseck was arraigned early Monday before Magisterial District Judge Gary Havelka on charges of aggravated assault, robbery, simple assault and related attempt and conspiracy charges.

Dziyak was treated for his injuries at Mon Valley Hospital, according to police. When reached for comment, Dziyak said he did not wish to speak to reporters.

According to a press release from state police in Belle Vernon, Graseck and West went to Dziyak’s home wearing masks and carrying axe handles, with the intention of assaulting and robbing him over a business dispute.

The two men cut the power to Dziyak’s home and knocked on the door to lure him out, police said.

After Dziyak came outside to look around and was headed back in, police said, he was beaten about the head and face with an axe handle. He fell to the ground and fired several shots from his .40-caliber Beretta, hitting West several times, police said.

Graseck fled to a neighbor’s house and asked the occupant to call 911, police said. West was pronounced dead at the scene. According to Washington County Coroner Tim Warco, West died from a gunshot wound to the head.

West’s son, Brandon West, said the story Dziyak told police is incongruent with the character of his father. He said Robert West did work for Dziyak and was never paid, which is what prompted him to approach Dziyak Sunday night. Brandon West said his father was not the kind of person to hurt someone.

“My dad’s an understanding guy,” said Brandon West. “They did not brutally beat (Dziyak) up.”

“My father was a Christian man, he was 22 years in the military,” Brandon West said. “(Dziyak) took away a father, a son, and a dear friend to many.”

State police Trooper Matthew Jardine said Washington County District Attorney Eugene Vittone will review the shooting to determine whether it was justified. Dziyak has not been charged with a crime and won’t be if the prosecutor determines the shooting was warranted.

“He’ll make the determination if it was a Castle Doctrine incident or a self-defense incident,” Jardine said of the DA. “He’ll be the one to decide whether anyone gets charged with the shooting in this incident.”

Graseck is being held in the Washington County Prison in lieu of $50,000 bond. A preliminary hearing is scheduled for Jan. 8 at 10 a.m. before Magisterial District Judge Curtis Thompson.

Sunday night’s shooting was the second involving a home owner reportedly acting in self-defense to take place in Washington County over the weekend. Early Saturday, Emanuel Ladson, 37, of Pittsburgh, was shot in California Borough after allegedly breaking into a home on California Road. The identity of the homeowner in that case has not been released.

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