LOUISVILLE, Ky. (WDRB) -- Since being charged with felony fraud and theft in southern Indiana, some in Kentucky wonder why the owner of a local pool company and her husband have not been charged in Kentucky.

"It's just overwhelming and heartbreaking to know there's so many of us ... and no one's there to fight for us," said Amanda Elmore.

Elmore said after saving for 10 years, she and her husband paid Davenport Extreme Pools and Spas $85,000 to build a pool for their home in Crestwood.

"And no pool," said Elmore.

But she's not alone.

Dozens of victims claim Davenport Extreme Pools and Spas took their money but didn't build their pools. The company was the focus of a WDRB investigation in January.

When asked if charges will be filed in Kentucky, a spokesperson for the Kentucky Attorney General said: 

“The Office’s investigation is ongoing and as a result we cannot comment as to the status of the investigation; however, we are aware of the allegations and have been coordinating with the Jefferson County Commonwealth’s Attorney Office on this matter.”

Both Tracy Davenport and her husband, Matt Davenport, face criminal charges in Floyd and Clark counties in southern Indiana.

According to court documents, the couple took more than $245,000 from four victims in Floyd County to build pools, dating back to 2021. But they never built anything.

Prior to that, they turned themselves into the Clark County Jail, charged with four counts of theft, four counts of fraud and two counts of corrupt business influence in Clark County — all felony charges.

Lawsuits have also been filed against the company. One lawsuit alleges Davenport spent customer money on "lavish vacations to Las Vegas, personal cosmetic surgeries, a six-figure recreational vehicle, and the purchase of an expensive pleasure cruising lake boat."

Steve Pence is a former Kentucky lieutenant governor. He does not represent Elmore, but does represent some families involved in civil lawsuits against Davenport.

Adding to other lawsuits, Pence said Tracy Davenport, owner of Davenport Pools, has filed defamation lawsuits against two of his clients.

"It's really almost like they're being victimized twice," Pence said. "In this case, it is frustrating for them, but the wheels of justice grind slowly, but as they say they grind exceedingly small and with time, I think they'll see some justice." 

The couple filed for bankruptcy late last year. Their attorney previously said in a statement that his clients look forward to a jury trial.

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