Louisville, KY (WAVE) - Anger and outrage outside a Jefferson County courtroom after a judge sided with a contractor who took $12,000 dollars for a job they say he never finished. Victim's advocates say it's a prime example of how Kentucky law fails to protect customers from bad contractors. WAVE 3 Troubleshooter Eric Flack has been following this case, and was in the courtroom for the emotional hearing.
In Jefferson County court, Troy Gavin's former customers say justice was not served. An angry Dawn Brasel screamed at Gavin from across the lobby to let him know.
"We will see you in court, and we will fry your ---" she yelled.
Her mom Judy stood with her cane nearby, stunned.
"I can't believe that this happened," Judy said. "I thought you could trust people to listen to what really happened."
Judy and her husband, B.D. Brasel, took out a criminal theft warrant against Gavin after they paid him $12,000 to renovate their swimming pool. They told a judge was an unfinished mess.
A WAVE 3 Troubleshooter investigation in November 2010 uncovered lawsuits from at least four other customers of Gavin's Custom Pools in Louisville, and most had similar complaints.
B.D. Brasel took the stand to tell his story.
"I haven't got anything for the first $12,000 that I gave him," B.D. told Jefferson County District Court Judge David Bowles.
The Brasels convinced the Jefferson County Attorney's office to file criminal charges against Gavin so that if he lost in court he would have to pay restitution or go to jail. But during a hearing Tuesday, Gavin's attorney successfully argued that under Kentucky law this case isn't a criminal matter.
"There is no intent at the time he received the money to defraud anyone," attorney Casey McCall said.
McCall convinced the judge the Brasels need to try and get their $12,000 back in civil court.
"Probable cause is not found and the matter is dismissed," Judge Bowles told the Brasels from the bench.
That means the Brasels must hire an attorney and file a civil lawsuit against Gavin to try and get their money back. Under Kentucky law, even if Gavin loses in civil court, he can avoid paying by filing bankruptcy or even shutting down his old company and reopening under a new name.
Kathy Gray, a victim's advocate for ElderServe working with the Brasels, thinks that was Gavin's plan all along.
"These contractors know how to do just enough to get in under the wire so that it's not considered criminal so that it does to civil court," Gray said.
As he left the courtroom, Gavin initially declined comment. But when he finally decided to answer my questions. He claimed the problems with the Brasels pool were caused by a bad resurfacing product.
Gavin said he is not a crook, and he did not hide behind the law to avoid paying the Brasels.
"No, I did not," Gavin said. "I contacted my insurance company. I did everything I could to try and resolve this. And I plan on one way or another taking care of the Brasels."
A family left feeling they were betrayed by their pool man, and now the legal system.
"It protected Troy," B.D. said. "But not I."
Gavin said he's open to working out a settlement with the Brasels and he will likely get that chance. With the criminal door now closed, the Brasels told me they will sue Gavin in civil court.
Gavin's Custom Pool company is still open for business.
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