A St. Peter man is accused of taking a $10,000 down payment from a Kasota resident to construct a deck he never intended to complete.

Cody Joshua Vacek, 24, was charged with felony theft by swindle. An outstanding warrant for his arrest was filed on Dec. 23 while he sat in the Blue Earth County Jail on unrelated charges of theft by swindle.

The Le Sueur County Sheriff’s Office received a complaint from a Kasota resident on Oct. 15, alleging that Vacek had swindled them out of $10,000. They told police they wanted to install a deck on their house and came across Vacek’s business, New Acre Homes, on the website ANGIE.com.

The Kasota resident stated that the business had good reviews, so they decided to hire Vacek for the work. Vacek reportedly came to their residence on July 21 and provided a $19,750 estimate to construct the deck. He first requested a $10,000 down payment, which the resident provided.

Work was allegedly scheduled to start on Aug. 15, but Vacek didn’t show. The resident said they spoke to Vacek on Aug. 20, but he told them he was waiting fro composite decking to come in. Then on Sept. 14, he said he was still waiting on materials. On Sept. 17, he said the decking was in and he would be over to frame it out.

But by Sept. 28, Vacek was still a no-show and he told the resident he would get to them after resolving another deck issue. Vacek was then arrested in Blue Earth County on Oct. 6 on separate charges of theft by swindle. Another criminal complaint of theft by swindle was filed against Vacek in Blue Earth County on Dec. 13. By Dec. 20, Vacek still had no contact with the Kasota resident since September.

A police investigation of New Acres LLC’s bank records showed that Vacek was the sole owner of the entity. They also observed a $10,000 check deposit matching the copy of the check writted by the Kasota resident provided to the police.

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