1 00:00:00,300 --> 00:00:02,900 -[Acker] Pursuing him for unfinished work. -Correct. 2 00:00:02,967 --> 00:00:05,066 [DiMango] Is this the bathroom he did for you? 3 00:00:05,133 --> 00:00:06,967 -No. -That's her bathroom. 4 00:00:07,834 --> 00:00:09,367 You got a nice bathroom. 5 00:00:10,200 --> 00:00:13,400 Tell all your friends, "Watch the show, they have my bathroom on it." 6 00:00:14,467 --> 00:00:15,867 See, he does great work. 7 00:00:15,934 --> 00:00:18,567 [narrator] Today on Tribunal Justice. 8 00:00:18,633 --> 00:00:20,200 [theme music playing] 9 00:00:40,500 --> 00:00:42,734 [narrator] Previously on Tribunal Justice... 10 00:00:42,800 --> 00:00:43,934 What is this? 11 00:00:44,000 --> 00:00:45,433 [Malcolm] This is the shower that was ripped out. 12 00:00:45,500 --> 00:00:46,467 -[Lisa] This the-- Yes. -[Acker] After? 13 00:00:46,533 --> 00:00:49,633 [Lisa] This is the shower that he built. It had to all be ripped up. 14 00:00:49,700 --> 00:00:51,200 Oh, my goodness. 15 00:00:51,266 --> 00:00:54,367 We found out he had been arrested for robbing a bank. 16 00:00:54,433 --> 00:00:56,700 This is a man I've just had in my home. 17 00:00:56,767 --> 00:00:58,000 Did he steal from you? 18 00:00:58,066 --> 00:00:58,767 Yes. 19 00:00:59,033 --> 00:01:03,133 In your complaint, you want us to believe that he has this criminal record, 20 00:01:03,200 --> 00:01:05,600 that you didn't know about, you found out about it, 21 00:01:05,667 --> 00:01:08,300 and now you're so concerned that he's taken these muscle relaxers, 22 00:01:08,367 --> 00:01:09,934 you can't trust him anymore, 23 00:01:10,000 --> 00:01:13,200 this forced us to hire a new contractor. 24 00:01:13,266 --> 00:01:17,200 So we can already agree that what you put in your complaint was inaccurate. 25 00:01:18,100 --> 00:01:20,500 [narrator] And now, for the conclusion. 26 00:01:20,567 --> 00:01:25,400 Now, the new contractor comes in, he has every reason to lie to you. 27 00:01:25,467 --> 00:01:27,367 Right? Every reason. 28 00:01:27,433 --> 00:01:29,834 But instead of getting an independent person to come in and say, 29 00:01:29,900 --> 00:01:31,667 "Listen, we don't know what the hell's going on. 30 00:01:31,734 --> 00:01:33,967 This isn't our business, we don't know." 31 00:01:34,033 --> 00:01:36,366 But what we do know is we still got water. 32 00:01:36,433 --> 00:01:37,866 You don't know what the water's from. 33 00:01:37,934 --> 00:01:42,767 We got this new guy coming in, who says, "Oh, this other contractor is so terrible. 34 00:01:42,834 --> 00:01:44,734 You give it to me and I'm gonna make it all right." 35 00:01:44,800 --> 00:01:46,166 Two thousand, two hundred dollars. 36 00:01:46,233 --> 00:01:49,934 He had 2,200 reasons, right, to misrepresent it to you. 37 00:01:50,000 --> 00:01:51,400 Once he completed his job, 38 00:01:51,467 --> 00:01:53,333 we have not had a piece of water coming through that-- 39 00:01:53,400 --> 00:01:54,900 -Not a drop of water. -Not a drop of water. 40 00:01:54,967 --> 00:01:57,000 -[Levy] Did he do a water test? -[Lisa] Yes. 41 00:01:57,066 --> 00:01:58,066 [Levy] Did you see him do that? 42 00:01:58,133 --> 00:02:01,066 -I didn't sit for the days he was there. -[Levy] No of course not. Of course not. 43 00:02:01,133 --> 00:02:03,600 So you know what he could not have allowed to happen? 44 00:02:03,667 --> 00:02:06,900 He could not have allowed to happen another flood. 45 00:02:06,967 --> 00:02:10,066 So whatever he did when he was taking that apart, 46 00:02:10,133 --> 00:02:12,900 he made sure that if there was anything wrong, 47 00:02:12,967 --> 00:02:15,967 anything whatsoever wrong with any cracked pipes, 48 00:02:16,033 --> 00:02:17,166 that they were fixed. 49 00:02:17,767 --> 00:02:20,133 Now, I want you to tell me what you saw him do. 50 00:02:20,200 --> 00:02:22,400 He came back. He ran the water. 51 00:02:22,466 --> 00:02:24,166 What do you mean, "ran the water," what does that mean? 52 00:02:24,233 --> 00:02:27,200 He turned the shower on, let the shower run for a long time. 53 00:02:27,266 --> 00:02:29,133 That's what the water-- He turned on the shower, 54 00:02:29,200 --> 00:02:31,033 he let it run, the water was going down the drain. 55 00:02:31,100 --> 00:02:33,466 -After a week of us using-- -[Levy] Right. And that's what he did. 56 00:02:33,533 --> 00:02:35,667 Why don't you tell them what a water test is? 57 00:02:35,734 --> 00:02:38,033 -You're supposed to do a flood test. -[Levy] That's what I meant, a flood test. 58 00:02:38,100 --> 00:02:41,166 -In which you fill up the pan to the top. -[Levy] How do fill it up, you plug it? 59 00:02:41,233 --> 00:02:43,700 Plug it, fill it up to the top and you let it sit. 60 00:02:43,800 --> 00:02:46,100 Did you watch him do that flood test? Plug the drain, 61 00:02:46,166 --> 00:02:47,767 and fill up the basin, 62 00:02:47,834 --> 00:02:49,300 -for lack of a better word? -I didn't. 63 00:02:49,367 --> 00:02:51,667 No, you didn't, you didn't see him put a mark 64 00:02:51,734 --> 00:02:54,066 on the pan, and leave it for about an hour, 65 00:02:54,133 --> 00:02:57,266 and see if the water is seeping down through the cracks 66 00:02:57,333 --> 00:03:00,867 or somewhere else that's getting behind the water-proofing pan. 67 00:03:00,934 --> 00:03:02,867 That's what you do when you see water down there 68 00:03:02,934 --> 00:03:05,133 and you're asked to come in, as this guy was, 69 00:03:05,200 --> 00:03:07,100 to do a re-inspection. 70 00:03:07,166 --> 00:03:09,567 He didn't tell that to you because he didn't care. 71 00:03:09,633 --> 00:03:11,133 He knew you were upset with him. 72 00:03:11,200 --> 00:03:14,400 He knew that all he needed to do was to blame him. 73 00:03:14,467 --> 00:03:16,433 And he knew if he, the new guy, 74 00:03:16,500 --> 00:03:18,466 blamed him, you were gonna hire him, 75 00:03:18,533 --> 00:03:20,233 because that's how you do a flood test. 76 00:03:20,300 --> 00:03:21,400 The guy lied to you. 77 00:03:21,466 --> 00:03:23,166 I'm not saying that what he did was perfect, 78 00:03:23,233 --> 00:03:26,900 but you can't stand here and say, "Oh, this guy educated us. 79 00:03:26,966 --> 00:03:29,367 He was the best thing in the world. He made all this right." 80 00:03:29,433 --> 00:03:31,133 He had a vested interest in that. 81 00:03:31,867 --> 00:03:33,100 Thank you, I have nothing further. 82 00:03:33,166 --> 00:03:36,700 [DiMango] Now that we've completed your case against the defendant, 83 00:03:36,767 --> 00:03:39,567 we're going to ask you, Mr. and Mrs. Scott, to be seated 84 00:03:39,633 --> 00:03:41,100 and that means you, Miss Mims, 85 00:03:41,166 --> 00:03:44,433 who is the plaintiff bringing the cause of action in the second case, 86 00:03:44,500 --> 00:03:46,767 would step up in their stead. 87 00:03:46,834 --> 00:03:48,734 So please make that exchange. 88 00:03:49,867 --> 00:03:51,934 And so this case now is Part B, 89 00:03:52,000 --> 00:03:55,867 and you, Miss Mims, are suing the defendant, Mr. Makosiej. 90 00:03:55,934 --> 00:03:57,033 Correct. 91 00:03:57,100 --> 00:04:00,900 [Acker] Miss Mims, your case against the defendant is for $7,500. 92 00:04:00,967 --> 00:04:04,166 You're suing him for what you describe as improper work, 93 00:04:04,233 --> 00:04:05,300 and unfinished work. 94 00:04:05,367 --> 00:04:08,667 Mr. Makosiej, you maintain that the defendant, Miss Mims, 95 00:04:08,734 --> 00:04:11,600 in this case, did not let you finish, 96 00:04:11,667 --> 00:04:14,400 and this was a bedroom, bathroom remodel? Yes? 97 00:04:14,467 --> 00:04:16,600 -Correct. -[Acker] The original estimate I think 98 00:04:16,667 --> 00:04:20,466 -was $5000. It increases to $7500. -Right. 99 00:04:20,533 --> 00:04:22,633 He does four days of work in the house 100 00:04:22,700 --> 00:04:24,233 and then according to your complaint, 101 00:04:24,300 --> 00:04:27,700 your nephew starts finding deficiencies in the defendant's work. 102 00:04:27,767 --> 00:04:28,767 -Correct? -Correct. 103 00:04:28,834 --> 00:04:32,433 And you also then mention the false last name. 104 00:04:32,500 --> 00:04:35,133 I am going to give you, sir, a moment to address this, 105 00:04:35,200 --> 00:04:39,467 because I'm wildly uncomfortable with making conclusions 106 00:04:39,533 --> 00:04:42,133 about someone's background when they've served their time 107 00:04:42,200 --> 00:04:43,600 -and there's no evidence... -Sure. 108 00:04:43,667 --> 00:04:44,867 ...of any illegal conduct. 109 00:04:44,933 --> 00:04:47,166 I don't think that people who've served their time 110 00:04:47,233 --> 00:04:50,066 have to be punished forever when they're doing honest work. 111 00:04:50,133 --> 00:04:53,133 So is there anything you'd like to address on that point? 112 00:04:53,200 --> 00:04:54,933 I mean, it's all public record. 113 00:04:55,000 --> 00:04:57,500 If anybody searches my name, which if somebody was in my house, 114 00:04:57,567 --> 00:04:58,933 I would probably do the same thing. 115 00:04:59,000 --> 00:05:02,900 But there's no law that says I have to use my full name. 116 00:05:02,967 --> 00:05:05,333 So absent any allegation he was stealing 117 00:05:05,400 --> 00:05:07,467 from you or doing drugs in your house, 118 00:05:07,533 --> 00:05:08,734 I'm not here for it. 119 00:05:09,200 --> 00:05:10,500 So, we're gonna move on. 120 00:05:10,567 --> 00:05:14,400 The day after your nephew starts taking issue with his work, 121 00:05:14,467 --> 00:05:16,033 didn't you tell them, sir, 122 00:05:16,100 --> 00:05:19,266 that you'd correct the mistakes and refund the money? 123 00:05:19,332 --> 00:05:21,467 -Did you do that? -Yes, I refunded the money that morning. 124 00:05:21,533 --> 00:05:25,133 So the day after your nephew points out the problems with his work, 125 00:05:25,200 --> 00:05:29,867 he comes back, gives you back the $2000 that you paid for phase two, 126 00:05:29,934 --> 00:05:32,567 and corrects the issues, does he not? 127 00:05:32,633 --> 00:05:34,033 He didn't fully correct the issues... 128 00:05:34,100 --> 00:05:36,500 -[Acker] I'm reading from your complaint. -...there was still-- Yes. 129 00:05:36,567 --> 00:05:39,300 "Returned the same day and corrected the issues." 130 00:05:39,367 --> 00:05:43,000 And in your sworn complaint, you then say that you repaid him 131 00:05:43,066 --> 00:05:45,700 -the $2000 that he gave back to you. -Yes. 132 00:05:45,767 --> 00:05:48,967 So that suggests to me that he addressed your issues, 133 00:05:49,033 --> 00:05:50,133 gave you your money back, 134 00:05:50,200 --> 00:05:52,533 you said okay, now I'm gonna repay you. 135 00:05:52,600 --> 00:05:55,332 I'm making these points with respect to the timeline, 136 00:05:55,400 --> 00:05:57,834 simply to point out what this defendant did, 137 00:05:57,900 --> 00:06:00,734 because you're trying to get $7500 from him, 138 00:06:00,800 --> 00:06:04,500 for a job he didn't finish when you didn't let him finish. 139 00:06:04,567 --> 00:06:07,133 And we know that, and I'm gonna keep it moving, 140 00:06:07,200 --> 00:06:11,467 because it seems that things really broke down on the 26th. 141 00:06:11,533 --> 00:06:13,800 By the 26th, according to you, 142 00:06:13,867 --> 00:06:15,467 he was supposed to show up, 143 00:06:15,533 --> 00:06:17,233 -but he didn't. Correct? -Correct. 144 00:06:17,300 --> 00:06:19,066 [Acker] Why didn't you show up on the 26th, sir? 145 00:06:19,133 --> 00:06:21,066 On Monday morning we texted 146 00:06:21,133 --> 00:06:24,033 and I told her I wanted to give the self-leveling concrete 147 00:06:24,100 --> 00:06:25,433 a little more time to dry. 148 00:06:25,500 --> 00:06:28,367 She sent me a picture, it was a little wet still, 149 00:06:28,433 --> 00:06:31,100 so I used that as time to start another job. 150 00:06:32,033 --> 00:06:33,800 I said, "Well, we got a couple things going on, 151 00:06:33,867 --> 00:06:35,500 so we'll just see you tomorrow morning." 152 00:06:35,567 --> 00:06:39,266 That delay and not coming for whatever reason, 153 00:06:39,332 --> 00:06:42,900 gave her time to get online and start digging around about you. 154 00:06:42,967 --> 00:06:44,166 And that's why I think 155 00:06:44,233 --> 00:06:47,600 a lot of the breakdown and this situation started, 156 00:06:47,667 --> 00:06:49,633 not because he wasn't there on the 26th, 157 00:06:49,700 --> 00:06:51,033 it's because you got suspicious. 158 00:06:51,100 --> 00:06:53,734 You went online, you started seeing things online. 159 00:06:53,800 --> 00:06:57,734 You started investigating his background, there was a different name, 160 00:06:57,800 --> 00:07:00,166 and so red flags went up. 161 00:07:00,233 --> 00:07:02,633 And after you did that, 162 00:07:02,700 --> 00:07:05,667 there was some communication between the two of you, 163 00:07:05,734 --> 00:07:08,400 because, sir, you became aware of the fact 164 00:07:08,467 --> 00:07:13,133 that she was reaching out to prior customers and disgruntled people. 165 00:07:13,200 --> 00:07:15,000 -Didn't you? And you didn't like it. -Yeah, I did. 166 00:07:15,066 --> 00:07:17,934 Well, the job we were working for was actually a police officer, 167 00:07:18,000 --> 00:07:21,500 and we lost that job when this whole thing kind of blew up on social media. 168 00:07:21,567 --> 00:07:25,500 I will say that the job for the police officer that he's speaking of, 169 00:07:25,567 --> 00:07:27,633 he came into my house and said that 170 00:07:27,700 --> 00:07:31,266 the police officer's girlfriend was taking her time trying to find a vanity, 171 00:07:31,332 --> 00:07:33,000 so he passed on that job 172 00:07:33,066 --> 00:07:35,266 -to take my job. -[Acker] So? 173 00:07:35,332 --> 00:07:37,867 I mean, what is that? So then he went back and took that job. 174 00:07:37,933 --> 00:07:40,367 Maybe he's like, you know what, I'm trying to build a business. 175 00:07:40,433 --> 00:07:42,933 I don't have time or money to pass on jobs. 176 00:07:43,000 --> 00:07:46,100 Maybe he changed his mind. You know... [scoffs] 177 00:07:46,166 --> 00:07:51,800 I sense that you want to find every single way you can 178 00:07:51,867 --> 00:07:55,633 to try to turn him into some big evil boogeyman 179 00:07:55,700 --> 00:07:58,033 with a different name and a criminal background. 180 00:07:58,100 --> 00:08:01,066 -I even told his witness, you know... -[Acker] Like, I-- I... 181 00:08:01,133 --> 00:08:03,300 So, stop, hold it-- Just stay with me, 182 00:08:03,367 --> 00:08:08,066 because you, in your complaint, say you realize you had been scammed. 183 00:08:08,133 --> 00:08:10,266 -[Mims] Yes. -How did he scam you? 184 00:08:10,333 --> 00:08:13,767 Because it was continual excuses from him. 185 00:08:13,834 --> 00:08:15,400 He wouldn't show up on time. 186 00:08:15,467 --> 00:08:20,867 There would be days that, as he said, when he texted about the floor, 187 00:08:20,934 --> 00:08:25,867 I actually initiated that text and asked him if I could have an ETA, 188 00:08:25,934 --> 00:08:28,600 and then he requested pictures of the floor, 189 00:08:28,667 --> 00:08:31,467 and he said, "Well, let me give it more time to dry." 190 00:08:31,533 --> 00:08:33,033 Okay, that doesn't mean he scammed you. 191 00:08:33,100 --> 00:08:35,066 -He didn't show up. -He told me going to show up every day 192 00:08:35,133 --> 00:08:36,200 and do the job, 193 00:08:36,265 --> 00:08:38,500 -and he didn't show up every day. -[Acker] He worked in your house 194 00:08:38,567 --> 00:08:42,500 from October 20th, on October 26th, he doesn't show up. 195 00:08:42,567 --> 00:08:45,000 I'm just gonna tell you this because I-- You can make this point 196 00:08:45,066 --> 00:08:46,333 -with those judges. -Mm-hmm. 197 00:08:46,400 --> 00:08:49,433 He wasn't even there for, what, two weeks. 198 00:08:49,500 --> 00:08:53,066 So you want to try to create this pattern? He didn't show up, he didn't show up. 199 00:08:53,133 --> 00:08:55,667 What I am trying to get is to whether or not 200 00:08:55,734 --> 00:08:58,800 you've really established your right to get any money back. 201 00:08:59,867 --> 00:09:02,066 [narrator] Coming up on Tribunal Justice... 202 00:09:02,133 --> 00:09:04,567 They go up to my neighbors across the street. 203 00:09:04,633 --> 00:09:07,734 My neighbor comes out and says, "What's going on? 204 00:09:07,800 --> 00:09:09,967 I had two people coming to my door to knock." 205 00:09:10,033 --> 00:09:12,433 "You've got a bank robber in your house." I said it's the contractor... 206 00:09:12,500 --> 00:09:14,567 -I've been dealing with. -[DiMango] It's the contractor. [laughs] 207 00:09:14,633 --> 00:09:15,567 You know-- 208 00:09:15,633 --> 00:09:17,834 That's his side job. This is his real job. 209 00:09:17,900 --> 00:09:19,467 -[all laughing] -Right? 210 00:09:24,133 --> 00:09:26,100 [theme music plays] 211 00:09:26,166 --> 00:09:30,800 [narrator] Kristy Mims is suing her former repairman, Brian Makosiej, 212 00:09:30,867 --> 00:09:34,467 for an unfinished renovation to her bathroom and bedroom. 213 00:09:34,533 --> 00:09:38,467 Brian claims Kristy refused to let him finish the job 214 00:09:38,533 --> 00:09:40,800 and kept his expensive tools. 215 00:09:40,867 --> 00:09:43,767 Now, what I want to know is 216 00:09:43,834 --> 00:09:47,066 when did you file your no trespassing order? 217 00:09:47,133 --> 00:09:50,266 -It was the 28th. -[Acker] Of October. 218 00:09:50,333 --> 00:09:52,567 -I didn't go to court to file. -[Acker] Where'd you file it? 219 00:09:52,633 --> 00:09:56,000 I handwrote. I was told all I had to do was handwrite it 220 00:09:56,066 --> 00:09:58,033 -and send it to the address. -[Acker] Okay, fair enough. 221 00:09:58,100 --> 00:10:01,600 So October 28th, eight days after he started the job, 222 00:10:01,667 --> 00:10:03,400 you say don't come back. 223 00:10:03,467 --> 00:10:08,100 And now you want us to give you $7500 after you told him 224 00:10:08,166 --> 00:10:09,900 -he couldn't come back to your house. -Correct. 225 00:10:09,967 --> 00:10:11,200 And not because he threatened you 226 00:10:11,266 --> 00:10:12,533 -at that time. -No. 227 00:10:12,600 --> 00:10:15,100 Not because he stole anything from you, 228 00:10:15,166 --> 00:10:19,500 not because he broke any laws, but he'd been slow in coming back. 229 00:10:19,567 --> 00:10:22,066 And then there are these nasty messages. 230 00:10:22,133 --> 00:10:25,200 You get threats from some unknown number, 231 00:10:25,266 --> 00:10:26,500 -and you submitted those. -Correct. 232 00:10:26,567 --> 00:10:29,200 Did you send messages to her, sir? 233 00:10:29,266 --> 00:10:30,266 No, I did not. 234 00:10:30,333 --> 00:10:31,967 [Acker] You didn't send the text message 235 00:10:32,033 --> 00:10:34,533 that did in fact contain an implied threat? 236 00:10:34,600 --> 00:10:37,233 Because she sent that to her police officer friend. 237 00:10:37,300 --> 00:10:39,100 Yes, she sent me a picture of that. 238 00:10:39,165 --> 00:10:41,567 So the text message she received on November 3rd, 239 00:10:41,633 --> 00:10:45,633 "I would highly suggest you keep whatever is going on between you and him. 240 00:10:45,700 --> 00:10:49,300 When you start harassing family, then it becomes a family issue. 241 00:10:49,367 --> 00:10:52,700 And we deal with family issues differently than you might be used to. 242 00:10:52,767 --> 00:10:55,533 Keep it between you and him. You'll be happy you did." 243 00:10:55,600 --> 00:10:57,300 Now, this is the threatening message 244 00:10:57,367 --> 00:10:58,400 -you received? -Correct. 245 00:10:58,467 --> 00:11:01,066 [Acker] The message is written as if it's not him, 246 00:11:01,133 --> 00:11:04,567 it doesn't appear to be from him, he says it's not from him, 247 00:11:04,633 --> 00:11:06,500 -but you assumed it was. -Mm-hmm. 248 00:11:06,567 --> 00:11:10,266 I'm going to let my other colleagues ask you some questions now. Thank you. 249 00:11:10,333 --> 00:11:12,300 Oh, my God, this is like a scary neighborhood. 250 00:11:12,367 --> 00:11:14,233 I'm really-- I'm afraid of you people. 251 00:11:14,300 --> 00:11:19,000 You want to come across as nice, decent, law-abiding church-going... 252 00:11:19,066 --> 00:11:23,967 What I see are self-righteous, indignant, judgmental people. 253 00:11:24,033 --> 00:11:28,066 And I'm really, really, on behalf of the defendant, 254 00:11:28,133 --> 00:11:29,767 offended and troubled by that. 255 00:11:29,834 --> 00:11:32,767 -Your Honor-- -[DiMango] I mean, I spent a long career 256 00:11:32,834 --> 00:11:35,200 as a judge handling criminal matters, 257 00:11:35,266 --> 00:11:39,700 and yet, no matter what, if I meet somebody with a criminal history 258 00:11:39,767 --> 00:11:43,500 or anybody who's even appeared in front of me that I see at a later time, 259 00:11:43,567 --> 00:11:47,967 I would never assume that they are not rehabilitated, 260 00:11:48,033 --> 00:11:51,165 especially when I see a gentleman who's presenting as he does. 261 00:11:51,233 --> 00:11:53,433 I would not not speak with them. 262 00:11:53,500 --> 00:11:56,133 I would not have, "Don't come near me." No tressp-- 263 00:11:56,200 --> 00:12:01,200 I mean, I don't think I would ever engage in that behavior, nor have I. 264 00:12:01,266 --> 00:12:04,600 And I've been really there in the trenches with it, 265 00:12:04,667 --> 00:12:06,233 not like the three of you. 266 00:12:06,300 --> 00:12:10,233 So I'm really troubled by what I see here. 267 00:12:10,300 --> 00:12:12,600 And I'm going to start off by saying that 268 00:12:12,667 --> 00:12:14,500 you're in here trying to say 269 00:12:14,567 --> 00:12:17,667 that after five days, because he-- 270 00:12:17,734 --> 00:12:19,934 Like, have you ever had any other contract work done? 271 00:12:20,000 --> 00:12:22,633 -Yes. -If you're gonna tell me those contractors 272 00:12:22,700 --> 00:12:27,066 said, "I'm coming at 9," came at 9, said "I'm leaving at 7," left at 7, 273 00:12:27,133 --> 00:12:29,867 then I'm going to know for sure that you're lying. 274 00:12:29,934 --> 00:12:32,967 Did any of those people ever stick to those things? 275 00:12:33,033 --> 00:12:35,667 -No. -[DiMango] Okay. That being said, 276 00:12:35,734 --> 00:12:37,500 did you fire them in five days? 277 00:12:37,567 --> 00:12:38,233 Yes. 278 00:12:38,300 --> 00:12:40,900 Did you get no-trespass orders against them? 279 00:12:40,967 --> 00:12:43,100 -Yes. -You better look people up online 280 00:12:43,165 --> 00:12:44,500 before you go work for them, 281 00:12:44,567 --> 00:12:46,467 because you're gonna be screwed in the long run. 282 00:12:46,533 --> 00:12:48,834 Your Honor, I will say that-- 283 00:12:48,900 --> 00:12:51,333 And I'm not completely against him, 284 00:12:51,400 --> 00:12:53,467 because I did say to his witness, 285 00:12:53,533 --> 00:12:56,000 that with the proper training, 286 00:12:56,066 --> 00:12:59,000 he could probably make a great contractor. 287 00:12:59,066 --> 00:13:02,033 Let me ask you a question, is this the bathroom he did for you? 288 00:13:02,100 --> 00:13:03,000 -[Mims] No. -What is this? 289 00:13:03,066 --> 00:13:04,800 -That's her bathroom. -[DiMango] That's your bathroom? 290 00:13:04,867 --> 00:13:06,734 -Yeah. -You got a nice bathroom. 291 00:13:06,800 --> 00:13:08,934 [audience laughs] 292 00:13:09,000 --> 00:13:11,734 So you can go back home and tell all your friends, 293 00:13:11,800 --> 00:13:14,266 "Watch the show. They have my bathroom on it." 294 00:13:14,333 --> 00:13:17,233 -You should see how good it looks on TV. -[audience laughing] 295 00:13:17,300 --> 00:13:18,967 [DiMango] That's her bathroom. 296 00:13:19,033 --> 00:13:20,767 -See, he does great work. -You know, this is somebody 297 00:13:20,834 --> 00:13:24,000 you didn't call to come in and testify on your behalf. 298 00:13:24,066 --> 00:13:27,700 You know, decent people let things go. 299 00:13:27,767 --> 00:13:30,200 And, you know, what made you go online? 300 00:13:30,266 --> 00:13:32,500 I mean, is that what you do? Do you go online 301 00:13:32,567 --> 00:13:35,700 -after you do this all the time? -No, I wanted to see how many other people 302 00:13:35,767 --> 00:13:37,567 he had actually done this to. 303 00:13:37,633 --> 00:13:40,100 [DiMango] You know, I'm going to tell you what's gonna happen when this show airs. 304 00:13:40,165 --> 00:13:43,165 He's going to get business and nobody's gonna come to the house of any one of you. 305 00:13:43,233 --> 00:13:44,734 -That's what's gonna happen... -Probably. 306 00:13:44,800 --> 00:13:46,133 ...because who wants to deal with this? 307 00:13:46,200 --> 00:13:49,133 You know what? Only because you're frustrating the hell out of me. 308 00:13:49,200 --> 00:13:52,633 Stand up and say what it is you want to say. 309 00:13:52,700 --> 00:13:54,567 [audience chuckles] 310 00:13:54,633 --> 00:13:56,667 Okay, so this is what I've got to say. 311 00:13:56,734 --> 00:13:59,467 Ah, thank God. I couldn't wait to hear from you. 312 00:13:59,533 --> 00:14:02,967 She and this other gentleman were following Brian. 313 00:14:03,033 --> 00:14:05,600 They followed him all the way to my house. 314 00:14:05,667 --> 00:14:07,066 He parks his van there 315 00:14:07,133 --> 00:14:10,233 and then they go up to my neighbors across the street. 316 00:14:10,300 --> 00:14:13,200 My neighbor comes out and says, "What's going on?" 317 00:14:13,266 --> 00:14:16,633 He tells me, "I have two people coming to my door to knock. 318 00:14:16,700 --> 00:14:19,100 You've got a bank robber in your house." I said, "It's the contractor, 319 00:14:19,166 --> 00:14:22,166 -I've been dealing with." You know. -It's the contractor. [laughs] 320 00:14:22,233 --> 00:14:24,500 That's his side job. This is his real job. 321 00:14:24,567 --> 00:14:26,166 -[all laughing] -Right? 322 00:14:26,233 --> 00:14:28,233 It's the-- It's the contractor. 323 00:14:28,300 --> 00:14:30,867 So I talked to my neighbor. I said, "He's all good, he's all good." 324 00:14:30,934 --> 00:14:32,533 So I end up calling Kristy, 325 00:14:32,600 --> 00:14:34,667 she tells me all this blah, blah, blah, blah, blah. 326 00:14:34,734 --> 00:14:37,165 And then, so I go out and I confront Brian, 327 00:14:37,233 --> 00:14:38,967 and he said, "Yep." 328 00:14:39,033 --> 00:14:42,700 Well, Kristy continued to put bad texts, 329 00:14:42,767 --> 00:14:47,000 Facebook, and all this other mess about what a horrible man he is, 330 00:14:47,066 --> 00:14:48,967 and I know he's not. That's his past. 331 00:14:49,033 --> 00:14:49,934 Past is past. 332 00:14:50,000 --> 00:14:51,233 -We thank you for that. -[Maceachern] Okay. 333 00:14:51,300 --> 00:14:52,900 Did you get everything out that you had to say? 334 00:14:52,967 --> 00:14:55,400 -Well, I'll raise my hand again. -[audience laughing] 335 00:14:55,467 --> 00:14:57,767 Raise your hand when you think you need to say anything. 336 00:14:57,834 --> 00:15:00,500 You know, I think everybody's point here is, 337 00:15:00,567 --> 00:15:04,133 we get it if this were straight you don't like what he did, he did this, 338 00:15:04,200 --> 00:15:08,133 but the point in bringing in all of this extraneous material, 339 00:15:08,200 --> 00:15:10,567 no one here had any-- Let's make this clear. 340 00:15:10,633 --> 00:15:13,333 Nobody here had any allegation 341 00:15:13,400 --> 00:15:17,734 that he did anything unlawful in your home, near your home, to you. 342 00:15:17,800 --> 00:15:19,367 Messages that you say you got 343 00:15:19,433 --> 00:15:21,867 were not from him, it's clear it's not from him, 344 00:15:21,934 --> 00:15:24,734 and these flat tires or whatever that you're alluding to... 345 00:15:24,800 --> 00:15:27,834 You're like saying, "Okay, let's find the one guy that came here, 346 00:15:27,900 --> 00:15:29,734 doesn't belong here with us." 347 00:15:29,800 --> 00:15:32,033 He comes from New York, right, 348 00:15:32,100 --> 00:15:35,934 where I come from, so I'm already, you know, not looking favorably here. 349 00:15:36,000 --> 00:15:38,333 -Ozone Park. -[DiMango] He's coming from a bad city 350 00:15:38,400 --> 00:15:39,800 and he didn't do anything to us, 351 00:15:39,867 --> 00:15:42,500 but we're not taking any chances in our little town, 352 00:15:42,567 --> 00:15:44,567 because we stick together. 353 00:15:44,633 --> 00:15:48,333 As far as the flat tires, I didn't specifically say he did that. 354 00:15:48,400 --> 00:15:50,967 Oh, my God, I didn't specifically say, I just alluded to it 355 00:15:51,033 --> 00:15:53,400 -so it'd be the conclusion people reached. -I just said it was coincidental 356 00:15:53,467 --> 00:15:56,400 that I have sheetrock screws in both rear tires. 357 00:15:56,467 --> 00:15:59,233 But you put these things in court documents and papers, 358 00:15:59,300 --> 00:16:04,000 you didn't hesitate to say a negative, nasty, unwarranted, 359 00:16:04,066 --> 00:16:08,166 or direct statement about him and who he is, 360 00:16:08,233 --> 00:16:10,400 and there's no reason for it. 361 00:16:10,467 --> 00:16:13,100 So don't do that. That-- This aggravates me. 362 00:16:13,166 --> 00:16:14,667 [theme music playing] 363 00:16:14,734 --> 00:16:17,266 [narrator] Coming up on Tribunal Justice... 364 00:16:17,333 --> 00:16:19,533 You take as threatening what you texted him. 365 00:16:19,600 --> 00:16:22,000 -What did I text him? -You just told me what you texted him. 366 00:16:22,066 --> 00:16:25,100 You said, "I have a friend, don't mess with me. 367 00:16:25,166 --> 00:16:27,967 I got a friend in law enforcement. I know about your background. 368 00:16:28,033 --> 00:16:29,867 -Last thing you wanna do, mess with me... -[Mims] Mm-hmm. 369 00:16:29,934 --> 00:16:33,266 because I have a police department behind me that's gonna take care of you." 370 00:16:33,333 --> 00:16:35,367 -"Don't let a bank robber in your house." -That's exactly right. 371 00:16:40,400 --> 00:16:43,300 [theme music plays] 372 00:16:43,934 --> 00:16:45,700 So what's your damages here? 373 00:16:45,767 --> 00:16:48,600 I'm out what it cost me to have a new contractor 374 00:16:48,667 --> 00:16:50,600 come in and tear out what he did wrong. 375 00:16:50,667 --> 00:16:53,000 He didn't get to finish what he did, 376 00:16:53,066 --> 00:16:55,533 so how do you know it would have been wrong in the end? 377 00:16:55,600 --> 00:16:56,667 Judge Levy. 378 00:16:56,734 --> 00:16:58,967 In one of the text messages, just so I'm clear, 379 00:16:59,033 --> 00:17:01,233 you had indicated to the defendant in the text message 380 00:17:01,300 --> 00:17:02,433 that based upon what he did, 381 00:17:02,500 --> 00:17:05,200 you were going to a friend of yours who was a police officer. 382 00:17:05,266 --> 00:17:08,633 I told him that I had sent a copy of the text 383 00:17:08,700 --> 00:17:10,633 to a police officer friend of mine 384 00:17:10,700 --> 00:17:13,367 just for advice to say what should I do. 385 00:17:13,433 --> 00:17:15,700 Okay. Did you take that as threatening, by the way? 386 00:17:15,767 --> 00:17:17,266 I did, because-- 387 00:17:17,333 --> 00:17:21,165 No, no, no. No, no, no. You take as threatening what you texted him? 388 00:17:21,233 --> 00:17:22,066 What did I text him? 389 00:17:22,133 --> 00:17:25,967 You just told me what you texted him. You said, "I have a friend." 390 00:17:26,032 --> 00:17:26,900 That's what you said. 391 00:17:26,967 --> 00:17:30,400 And that was intentional. "I have a friend. Don't mess with me. 392 00:17:30,467 --> 00:17:33,600 I got a friend in law enforcement. I know about your background. 393 00:17:33,667 --> 00:17:35,300 Last thing you want to do, mess with me, 394 00:17:35,367 --> 00:17:37,633 because I have a police department behind me 395 00:17:37,700 --> 00:17:39,000 that's gonna take care of you." 396 00:17:39,066 --> 00:17:41,900 -"Don't let a bank robber in your house." -[Levy] That's exactly right. 397 00:17:41,967 --> 00:17:43,367 That's exactly right. Let me ask you a question. 398 00:17:43,433 --> 00:17:45,433 -[Levy] I got this, this what I have. -I had nothing to do with that. 399 00:17:46,300 --> 00:17:49,166 I just-- You see this-- I just make a little circle here. 400 00:17:49,233 --> 00:17:52,300 If this was a wall in your home, a sheetrock wall, 401 00:17:52,367 --> 00:17:56,767 and you wanted a little tiny hole or dent this size, fixed, 402 00:17:56,834 --> 00:17:58,333 and you hired a contractor, 403 00:17:58,400 --> 00:18:00,934 how many days do you think it would take to fix that? 404 00:18:01,700 --> 00:18:03,467 -Couple of hours? -Probably two or three. 405 00:18:03,533 --> 00:18:06,066 Two or three days, as opposed to two or three hours? 406 00:18:06,133 --> 00:18:10,133 You gotta let the sheetrock stuff dry. 407 00:18:10,200 --> 00:18:13,567 "You gotta let the sheetrock stuff dry." 408 00:18:14,433 --> 00:18:15,567 -Yeah. -You know what takes 409 00:18:15,633 --> 00:18:19,333 a heck of a lot longer to dry than sheetrock mud? 410 00:18:20,333 --> 00:18:21,333 Cement. 411 00:18:21,767 --> 00:18:23,133 -But why does it take him... -[Levy] Cement. 412 00:18:23,200 --> 00:18:25,934 [Levy] Cement. Wait, wait, wait, hold on one second. 413 00:18:26,000 --> 00:18:29,066 What material were you using in the, in the shower? 414 00:18:29,133 --> 00:18:31,100 -Self-leveling. -[Levy] Self-leveling? 415 00:18:31,166 --> 00:18:32,934 -Self-leveling concrete, yeah. -[Levy] Concrete. 416 00:18:33,000 --> 00:18:35,734 So you knew before you brought the lawsuit 417 00:18:35,800 --> 00:18:37,900 that there was a legitimate reason why 418 00:18:37,967 --> 00:18:41,400 a contractor, like this one, wouldn't be able to come and do a job 419 00:18:41,467 --> 00:18:45,066 every single day on a shower because things have to set. 420 00:18:45,133 --> 00:18:47,800 -You knew that. Right? -Sure. 421 00:18:47,867 --> 00:18:50,300 It takes time to set. That's all I want to ask. 422 00:18:50,367 --> 00:18:51,266 Thank you, I'm done. 423 00:18:51,333 --> 00:18:53,166 We're going to retire to deliberate. Thank you all. 424 00:18:53,233 --> 00:18:56,300 [Byrd] Court now stands in recess. Parties are excused. 425 00:18:58,600 --> 00:19:02,600 I believe that both of these cases should be dismissed. 426 00:19:02,667 --> 00:19:05,000 I don't think that there was any credible evidence 427 00:19:05,066 --> 00:19:08,200 that was provided by the plaintiffs in Case A, 428 00:19:08,266 --> 00:19:11,934 that's the Scotts, to indicate that the defendant 429 00:19:12,000 --> 00:19:15,000 used the credit card illegally, unlawfully. 430 00:19:15,066 --> 00:19:17,667 Failed to finish the job? Yeah, you failed to finish the job 431 00:19:17,734 --> 00:19:19,834 because you got an order telling him to stay out of your house. 432 00:19:19,900 --> 00:19:20,967 So that's my position. 433 00:19:21,033 --> 00:19:23,533 I believe the plaintiffs failed to meet their burden. 434 00:19:23,600 --> 00:19:25,433 Let me first address the Scotts, 435 00:19:25,500 --> 00:19:27,967 because I see their situation very differently 436 00:19:28,033 --> 00:19:29,867 than I do Miss Mims' case. 437 00:19:29,934 --> 00:19:32,700 With respect to the $700 worth of little items, 438 00:19:32,767 --> 00:19:35,900 they add up $748, and on top of that, 439 00:19:35,967 --> 00:19:39,533 the defendant did say I'm going to come back and do some other work. 440 00:19:39,600 --> 00:19:40,600 He didn't do it. 441 00:19:40,667 --> 00:19:43,367 So I'm actually inclined to rule in their favor. 442 00:19:43,433 --> 00:19:47,066 With respect to Miss Mims' case. I just want to dismiss it. 443 00:19:47,133 --> 00:19:49,900 With regard to the $748, 444 00:19:49,967 --> 00:19:52,600 I am in agreement with giving them back that money 445 00:19:52,667 --> 00:19:56,900 because, only because, he said I will come back and do work for you 446 00:19:56,967 --> 00:20:00,100 because I agree that perhaps there was some overspending 447 00:20:00,166 --> 00:20:02,066 that shouldn't have been tacked on to you. 448 00:20:02,133 --> 00:20:05,000 But the bottom line is I think they'd be entitled to the 748. 449 00:20:05,066 --> 00:20:08,333 And with regard to Mims, I'm totally on board with dismissing the whole thing. 450 00:20:08,433 --> 00:20:11,567 I think that she got on board like you couldn't believe, 451 00:20:11,633 --> 00:20:13,867 to find this guy was a thief, a criminal, 452 00:20:13,934 --> 00:20:15,400 and he was gonna steal from her. 453 00:20:15,467 --> 00:20:16,467 -I-- I... -[Acker] They were having 454 00:20:16,533 --> 00:20:18,400 -neighborhood watch parties. -Yeah, I mean... 455 00:20:18,467 --> 00:20:21,066 -My God, I don't know... -Following him around the neighborhood. 456 00:20:21,133 --> 00:20:23,266 -So I'll dissent on Scott... -[Levy] Yes. 457 00:20:23,333 --> 00:20:26,133 ...because I would award them the additional 2200. 458 00:20:26,200 --> 00:20:28,834 -And we're unanimous in Mims. -[Levy] Right. 459 00:20:28,900 --> 00:20:31,200 And the 2200, we do not agree with 460 00:20:31,266 --> 00:20:32,667 because he would have come back 461 00:20:32,734 --> 00:20:34,734 and he would have fixed that job, but for the-- 462 00:20:34,800 --> 00:20:37,500 At least he should have said no he wasn't gonna do it or not shown up, 463 00:20:37,567 --> 00:20:39,233 but she didn't give him that opportunity 464 00:20:39,300 --> 00:20:40,867 -on that issue. -Got it. 465 00:20:41,333 --> 00:20:42,333 I agree. 466 00:20:45,266 --> 00:20:46,266 Court is back in session. 467 00:20:46,333 --> 00:20:48,233 Parties are reminded, you're still under oath. 468 00:20:48,300 --> 00:20:51,533 Okay, Mr. and Mrs. Scott, with respect to your case, first, 469 00:20:51,600 --> 00:20:53,200 I will be handling and then Judge Acker 470 00:20:53,266 --> 00:20:56,000 will take the second case, that's yours, Miss Mims. 471 00:20:56,066 --> 00:20:59,667 With respect to your case, we did not have a unanimous verdict. 472 00:20:59,734 --> 00:21:01,000 It was a split verdict. 473 00:21:01,100 --> 00:21:04,066 Judge Acker would have decided and did decide 474 00:21:04,133 --> 00:21:09,000 that you were entitled, Mr. and Mrs. Scott, to the $748 475 00:21:09,066 --> 00:21:10,867 that you claim were unauthorized. 476 00:21:10,934 --> 00:21:14,967 And quite frankly, Judge DiMango and I agreed to a certain extent. 477 00:21:15,033 --> 00:21:20,233 But for the most part, we are unanimous in that $748 verdict in your favor. 478 00:21:20,300 --> 00:21:24,367 Judge Acker would also give you $2200 479 00:21:24,433 --> 00:21:27,600 as a result of the work that your new contractor did. 480 00:21:27,667 --> 00:21:32,967 That is where Judge DiMango and I disagree that as the defendant indicated, 481 00:21:33,033 --> 00:21:35,333 he would have come back to have done that work, 482 00:21:35,400 --> 00:21:38,900 but there was no evidence that you provided that I saw 483 00:21:38,967 --> 00:21:41,700 that indicated you had provided the defendant with notice 484 00:21:41,767 --> 00:21:43,166 that if he didn't come back immediately, 485 00:21:43,233 --> 00:21:46,066 you were going to be hiring someone else to do the job 486 00:21:46,133 --> 00:21:48,633 and seeking reimbursement from him, 487 00:21:48,700 --> 00:21:51,934 and as a result of that, the verdict of the three of us 488 00:21:52,000 --> 00:21:55,533 is that you are to receive the $748, 489 00:21:55,600 --> 00:21:57,633 but that's the extent of your damages. 490 00:21:57,700 --> 00:21:59,333 Thank you. -[gavel bangs] 491 00:21:59,400 --> 00:22:01,967 With respect to your case against the defendant, Miss Mims, 492 00:22:02,033 --> 00:22:03,834 we are entirely unanimous. 493 00:22:03,900 --> 00:22:05,734 Um, I will first point out, 494 00:22:05,800 --> 00:22:08,900 what we think happened here is that you decided to ascribe to him 495 00:22:08,967 --> 00:22:11,967 certain improper conduct with no evidence, 496 00:22:12,033 --> 00:22:13,800 solely because of his background. 497 00:22:13,867 --> 00:22:16,567 And in fact, when we looked at those text messages, 498 00:22:16,700 --> 00:22:17,967 as Judge Levy pointed out, 499 00:22:18,033 --> 00:22:20,467 your messages to him were far more threatening 500 00:22:20,533 --> 00:22:22,400 than anything he received from you. 501 00:22:22,467 --> 00:22:25,200 To suggest to someone with a background 502 00:22:25,266 --> 00:22:27,600 that suggests that they've made some serious mistakes, 503 00:22:27,667 --> 00:22:29,033 to kind of throw that thing out, 504 00:22:29,100 --> 00:22:32,367 "I got friends in law enforcement, I know people." That's a threat. 505 00:22:32,433 --> 00:22:35,200 Actually, I'm going to go a little further than that, 506 00:22:35,266 --> 00:22:36,500 I think that was a low blow. 507 00:22:36,567 --> 00:22:39,700 I'll just speak for myself, but I can speak for my colleagues 508 00:22:39,767 --> 00:22:43,467 when I say that the assumptions you were trying to make about this gentleman, 509 00:22:43,533 --> 00:22:48,000 based not on his work, but on his past, were inappropriate. 510 00:22:48,066 --> 00:22:52,300 You're suing for $7500 for unfinished and improper work. 511 00:22:52,367 --> 00:22:54,767 We're dismissing your claim in its entirety, 512 00:22:54,834 --> 00:22:57,133 but good luck to all of you, and we hope that you find people 513 00:22:57,200 --> 00:22:58,900 who you're happy and comfortable with. 514 00:22:58,967 --> 00:23:02,300 Good luck to you, sir. We hope that you're able to continue your fresh start. 515 00:23:02,367 --> 00:23:04,533 -Thank you, Your Honor. -That's our verdict in this case. 516 00:23:04,600 --> 00:23:06,567 These cases are now concluded. 517 00:23:06,633 --> 00:23:08,900 Parties are excused, you may step out. 518 00:23:11,867 --> 00:23:14,734 It wasn't expressed to me that it was a major leak. 519 00:23:14,800 --> 00:23:18,900 If I would have known the extent of the water coming into the house, 520 00:23:19,667 --> 00:23:22,600 if I had to pull myself in there off a gurney, 521 00:23:22,667 --> 00:23:24,734 I would have got under that house to check it out. 522 00:23:24,800 --> 00:23:26,900 He had an e-mail that said, "S.O.S.", 523 00:23:26,967 --> 00:23:29,800 specifically, "we've got water coming in." 524 00:23:29,867 --> 00:23:31,834 You would think that sense of urgency 525 00:23:31,934 --> 00:23:35,333 would have given him enough to say I'm gonna respond to that e-mail tonight 526 00:23:35,400 --> 00:23:37,133 or tomorrow. Nothing happened. 527 00:23:37,200 --> 00:23:39,734 [laughs] Get here as quick as you can. 528 00:23:39,800 --> 00:23:42,233 Mmm, that he did crappy work 529 00:23:42,300 --> 00:23:45,867 and he continues to do crappy work and he gets by with it. 530 00:23:45,934 --> 00:23:48,834 She's been on social media since the first day, 531 00:23:48,900 --> 00:23:52,433 bashing me, slandering me, um... 532 00:23:52,500 --> 00:23:53,734 I just hope it comes to an end. 533 00:23:53,800 --> 00:23:56,066 Make sure they're licensed, make sure they're insured, 534 00:23:56,133 --> 00:23:58,767 make sure they're bonded and check their driver's license. 535 00:23:58,834 --> 00:24:00,967 [narrator] Did someone break your agreement? 536 00:24:01,033 --> 00:24:04,300 Let Tribunal Justice decide your case. 537 00:24:04,367 --> 00:24:07,667 Find us on social media at Tribunal Justice. 538 00:24:07,734 --> 00:24:10,700 [theme music playing]