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ELKINS – Testimony was heard Thursday during the first day of the trial of a Valley Bend contractor accused of defrauding area residents out of more than $30,000.
David William Tackett, 37, was indicted Oct. 28 on three felony counts of fraudulent schemes by a Randolph County grand jury.
Assistant Prosecuting Attorney Lori Haynes called to the witness stand Senior Trooper S.E. Hevener, of the West Virginia State Police.
Hevener said after receiving complaints from the alleged victims and copies of the contracts Tackett had made with each individual, he interviewed Tackett, who told him he had “robbed Peter to pay Paul.”
“Did he, in fact, admit to taking their money?” Haynes asked.
“Yes, he did,” Hevener said.
“Did he admit that he had never performed any of their jobs?” Haynes asked.
“Yes,” Hevener said.
“Did he use the phrase that he ‘robbed Peter to pay Paul?'” Haynes asked.
“Yes, he did,” Hevener said.
Hevener later testified Tackett told him he wasn’t able to do the jobs due to an injury he had sustained when using a table saw. The injury forced him to have his finger amputated.
During cross-examination of Hevener, Tackett’s defense counsel, Jeremy Cooper, asked him if Tackett had attempted to repay the individuals.
“He said he wanted to; however, he was unable to,” Hevener said.
“Did you inquire as to why he was unable to?” Cooper asked.
“Severe debt, I believe, was the big issue at the time,” Hevener said.
The first individual – Richard Herron – testified that he made a down payment in the amount of $12,000 on Oct. 26, 2012, and Tackett agreed to come back “in three or four weeks” to replace the roof on his home.
Herron said Tackett cashed the check the day he received it, but never came to do the work.
“I’d call him. . . he quit taking my calls. I went down to his house or I’d catch him at 84 (Lumber Company). It seems like I could catch him at 84 easier than I could catch him at his house to find out when he was going to do the work,” Herron said.
Herron said the down payment he provided to Tackett was to go toward materials for the project, which he never received. He noted he spoke with the manager of 84 Lumber Company, who told him Tackett had never made plans with the company for any materials to be shipped to Herron’s residence.
During cross-examination, Herron said he gave Tackett additional time to do the project to allow him to recover from the injury to his hand, but he still did not complete the work.
The next witness called, Phyllis Curry, said she provided Tackett with a down payment of $15,500 on Aug. 5, 2013, for him to build her a new garage.
Curry testified Tackett cashed the check the day after she gave it to him and the two agreed he would begin working on the project on Sept. 1, 2013.
Curry said Tackett was injured at the time they entered into the contract but that he said the injury would not affect his ability to complete the project.
“Were there ever any materials brought to your home?” Haynes asked.
“No,” Curry said.
“Did he ever show up on a day where he attempted to begin work on your home?”
“No,” Curry said.
“Did he ever tell you there were materials ordered for your home?”
“At one point I asked him, it was getting later in early fall, and I asked him for my money back and he said that he couldn’t get it. I said if you give me my money back now we will renegotiate the contract next summer when you have more time to work on it, and he said, ‘I can’t, your money’s gone,'” Curry said.
“He said he had given it to 84 Lumber… I stopped at 84 Lumber and spoke with their office manager and he said that there was no materials ordered for me and that he had never received that amount,” Curry said.
Haynes called John Yokum, who with his wife allegedly gave Tackett a down payment of $6,335 in August 2013 to replace their roof and build an addition to their residence.
Yokum said the check was cashed four days after it was given to Tackett but he never showed up to work.
Yokum testified that Tackett was injured when the contract was drawn up but said it wouldn’t prevent him from completing the project. Yokum also said no materials were ever purchased with the down payment he had provided to Tackett.
After the state rested, Cooper called Tackett to testify on his own behalf.
Tackett said he did not mean for the jobs to go undone and that he is working to raise money to repay the individuals.
“I got back from the gas and oil fields in May and started carpentry again and have some money set aside… .,” Tackett said. “… I’ve got more than $6,000 put away. That’s a dent in it but I’ve got a start on it.”
“Is it your ultimate intention to pay everything back regardless of the outcome of this case?” Cooper asked.
“Yes, sir. There will be a payment made tomorrow or Friday regardless,” Tackett said.
“Was it your intention to take money from these people and give them nothing in return?” Cooper asked.
“No, sir,” Tackett said.
“Was it your intention when you received money from Mr. Herron that you would cut your finger off and your thumb off. . .?” Cooper asked.
“No, sir,” Tackett said.
During cross-examination, Haynes asked Tackett if he believed he was contractually obligated to complete these projects after receiving down payments for them.
“Yes, ma’am,” Tackett said.
The final witness to testify was Christopher Pudder, who Tackett was working on a project for prior to accepting contracts with the alleged victims in the case.
Pudder said Tackett’s injury caused his project to be delayed, but that it was ultimately completed, five months after it was initially supposed to be finished. Pudder added he was satisfied with the work done by Tackett and would not hesitate to utilize his services in the future.
Closing statements in the case are scheduled to begin at 9 a.m. today.
Senior Status Judge Thomas Keadle presided.
On Thursday morning, prior to the start of the trial, Keadle asked if a plea agreement had been offered in the case.
He was told a plea agreement had been offered under which Tackett would plead guilty to one of the felony fraudulent schemes counts. It would be a binding plea that would result in Tackett receiving an alternate sentence. He would have been required to pay restitution on all counts. The total amount of money the individuals paid Tackett was $33,835, police said.
“I would say to you this,” Keadle said to Tackett. “I – and I’m not negotiating, don’t get me wrong, or suggesting that you do anything… I’ll tell you that I’ll accept it.”
Tackett declined to enter into the plea agreement and the trial began.