LOUISVILLE, Ky. (WDRB) -- Eight days before the owner of a pool construction company was scheduled to face trial, her attorneys tried to have her theft and fraud charges thrown out.
On Monday, the attorney for Tracy Davenport, the owner of Davenport Extreme Pools and Spas, told a Clark County, Indiana, judge that the charges are based on uncertain claims.
Davenport faces two felony theft and fraud charges. Attorney Wilder said they should be dismissed because of unreliable proof from the alleged victims.
"All the evidence you have is with you?" Wilder asked the officer who was bringing the charges in court.
"Correct," the officer replied.
"You have nothing?" Wilder countered.
"Correct."
"You have zero evidence, correct?" Wilder continued.
"Correct," the officer replied.
But a Clark County deputy prosecuting attorney argued against Wilder's motion to dismiss the charges.
"I do believe that the motion to dismiss should be denied and any questions of fact need to be determined at the trial of this matter."
WDRB has done its own investigations into Davenport Extreme Pools and Spas. We talked to several families in the last year who said they gave Davenport's company upwards of $100,000, but the pools were never installed.
During Monday's hearing, the court heard about two alleged victims in Clark County, but Davenport's bankruptcy case lists about 60 families who said they were victims of fraud.
Davenport Extreme Pools and Spas filed for bankruptcy in December. A federal bankruptcy judge then ordered the company to be liquidated.
Davenport's attorneys argued Monday there's no paper trail of the claims made by the two Clark County victims.
The Clark County deputy prosecuting attorney who represents the victims argued that the whole purpose of the trial is to question the facts of the case.
The trial was scheduled to begin next week, but it has been rescheduled to January because of the motion to dismiss.
The judge in the case is expected to issue an opinion in the next two months.
Previous stories:
- Owner of Louisville pool company facing fraud, theft charges after dozens of families claim thousands in losses
- Lawsuit claims Louisville pool company spent customer money on Vegas vacations and plastic surgery
- Dozens of families claim Louisville company didn't build pools after taking deposits
Copyright 2023 by WDRB Media. All rights reserved.
