AKRON — Cary Gene Smith Jr., 39, 4330 N. Old Road 15, Warsaw, was to appear in Kosciusko Superior Court 1 on Dec. 27, 2015, for sentencing on numerous charges, but he didn’t appear. Now he is back in the Kosciusko County Jail on those charges after warrants were issued. He was transported back to the county from Porter County Jail Thursday afternoon, March 17, and being held on no bond.
Smith was charged in 2013 on charges dealing with home improvement fraud, theft, check fraud and fraud on a financial institution.
On May 24, 2013, charges were filed for forgery, fraud on a financial institute, both class C felonies; two counts of check fraud, class D felonies; and home improvement fraud, class A misdemeanor. Three checks were brought to the prosecutor’s office on April 24, 2013, returned to a company, for nonsufficient funds. All three checks were written on a Lake City Bank account from Titan Construction and signed by Smith. The checks totaled $253.76.
Police learned Smith opened an account with a $4,689.25 deposit and wrote checks totaling $13,189.93. The bank reported a loss of $1,507.80, and the rest of the loss, $6,992.88 would have been to other businesses.
On May 9, 2013, Smith allegedly identified himself to be Cary Riley with Titan Construction and filled out an application for credit at Ace Hardware. He purchased $1,101.50 in items, never paying for the items. Smith not only used a false name, but also a false Social Security number, address and date of birth.
Police learned on Oct. 27, 2012, a woman entered into a home improvement contract with Smith for new shingles to her room at a price of $6,563. Smith was given $4,000 as a down payment. While 16 bundles of shingles and tar paper, valued at $515, were delivered, Smith had never done work to the residence.
Four counts of check fraud, all class D felonies, were filed against Smith on June 19, 2013. These charges stem from four checks Smith wrote from Titan Construction to Menards for merchandise totaling $2,559.09. It was learned the account had a negative balance of $6,197.05 at the time the checks were written.
A class A misdemeanor charge of home improvement fraud was filed on Aug. 13, 2013. This charge was enhanced to a class D felony, as he committed a home improvement fraud with a person over the age of 60. Police were notified Aug. 1, 2013, by a male victim who had signed a contract with Smith on May 7 to replace the roof on his residence and repair a metal roof on a shed. The agreed price was $3,300. A $2,200 deposit was given and the check cashed. The agreement stated work would be completed June 15. The victim stated he attempted to contact Smith up to six times, when Smith was contacted he promised he would do the work, but never arrived, never returned the money or had materials delivered.
The final charges of theft, a class D felony and home improvement fraud, a class A misdemeanor, were filed Aug. 29, 2013. Again Smith had signed a home improvement contract with an individual to put on a new roof at the cost of $4,000. The individual paid $2,500 in advance for work to be completed on or before July 31, 2013. Attempts by the victim to contact Smith have failed and the job has not been completed, nor the money returned.