A judge on Wednesday dismissed the criminal case against a Leechburg contractor charged with defrauding a Unity couple in connection with a $59,000 home improvement project they claimed was never completed.
Westmoreland County Common Pleas Court Judge Tim Krieger ruled prosecutors had insufficient evidence to prove that Dawayne W. Redmond, 42, schemed to bilk his customers after he was paid in advance for comprehensive exterior home repairs that investigators say was never finished.
Redmond was charged with a felony count of failing to perform a service after receiving payment in advance.
“Simply stated, not every breach of contract results in criminal liability,” Krieger wrote in an 10-page opinion. “It seems to the court that the purpose of the (home improvement fraud law) is to criminalize behavior where unscrupulous parties solicit and receive advance payments, and then abscond with them in circumstances where it is clear they never intended to perform under contract.”
The judge said prosecutors lacked enough evidence prove that Redmond intended to defraud his customers.
According to court records, Redmond was hired in August 2022 to remodel a Unity home, including demolition of two chimneys, a front porch, exterior painting and window replacement. Prosecutors said Redmond was initially paid $28,000 and three months later was given another $14,200 to purchase new windows as part of the ongoing project.
Police contend Redmond failed to complete the work and refused to return the money the homeowners claimed was used to purchase the new windows, which were never delivered.
In a previous court hearing, Redmond’s accuser testified some work, including chimney demolition, front porch reconstruction, floor framing, deck installation and roof repair was completed.
