What qualifies a bad contractor from facing a criminal case instead of a civil one?

SAN ANTONIO – After the story of a San Antonio contractor facing charges of theft aired last week on KSAT, many viewers sent emails recalling similar situations where their contractor was not held accountable.

Neil Melendrez is accused of accepting money for hired jobs he never finished or started. He faces three felony charges of theft of more than $2,500 but less than $30,000.

KSAT asked the San Antonio Police Department what elevated Melendrez’s case from civil to criminal.

“It’s tricky because the majority of cases where something like this happens, it’s going to be a civil matter. Any time you enter a contract with someone, it’s a civil matter,” said SAPD Sgt. Washington Moscoso.

He said proving intent is the most important thing needed to elevate a bad contractor dispute from civil to criminal.

Moscoso said the victims did multiple things right in last week’s arrest. They had documentation of phone calls, text messages, emails, and the lack of response from the suspect.

The victims also both sent demand letters, a legal claim that makes a demand for restitution or performance of some obligation, through certified mail. On top of that, multiple victims complained about the same suspect, showing this wasn’t a one-time thing, police said.

“How difficult is it to prove intent?” asked KSAT Reporter John Paul Barajas.

Moscoso replied, “It’s extremely difficult. That’s why the majority of these cases don’t rise to the level of a criminal act.”