Nacogdoches man accused of taking $5K for work he never did a court no-show

Nacogdoches man accused of taking $5K for work he never did a court no-show

LUFKIN, TX (KTRE) - A Nacogdoches man accused of taking $5,000 to roof, level, and paint a Lufkin house in May of 2013 and not ever doing the work now has an outstanding arrest warrant because he didn't show up at his bench trial Wednesday morning.

District Attorney Art Bauereiss said that Don Edward Tucker was supposed to appear in Judge Paul White's 159th District Court Wednesday morning for a bench trial in connection to a state-jail felony theft between $1,500 and $20,000 charge.

Because Tucker was a no-show, an arrest warrant for failure to appear has been issued.

In addition to the labor he took money for, Tucker is also accused of taking $900 in cash from the home owner's counter.

Tucker was arrested on August 14, 2014, and he was released a day later after he posted a $3,500 bail amount.

According to the arrest affidavit, the home owner went to the Lufkin Police Department to report the theft on May 27, 2013. He told an LPD detective he talked to that he had hired Tucker to re-roof, level, and paint his house, which is located in the 4200 block of Champions Drive.

The home owner told police that he and Tucker had agreed on a total price of $12,000, according to the affidavit. Tucker then allegedly asked for an advance in the amount of $7,000, so he could purchase the materials needed to complete the job.

According to the affidavit, the home owner said that he left the "pay to the order of" portion of the check blank, so Tucker could go to a lumber yard of his choice. The complainant also said that Tucker gave him the bill of sale to a back hoe to hold as collateral. Later, the complainant found out that the back hoe was registered under someone else's name, the affidavit stated.

The home owner told the detective that Tucker came back and asked if he could have cash for half of the up-front money. He allegedly said he was unable to cash the $7,000 because the home owner wasn't present when he tried to do so.

At that point, the home owner gave Tucker four cash installments totaling $5,000, the affidavit stated. The complainant also told the LPD detective that some had made a $466.12 purchase at a Cellular One store in Conroe by ACH debit charge by using the routing and account number from Goodman's bank account.

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