Arrest warrant issued for contractor accused of swindling clients
Dec. 4—NEWBURYPORT — Robert Merrill, the Seabrook contractor accused of ripping off a Newburyport client, skipped his Newburyport District Court appearance on Thursday, leading a judge to issue a warrant for his arrest.
Court records show Merrill, owner of RJM Contractors, is facing additional larceny charges after Amesbury police say he pocketed $6,600 from a local couple who hired him in September to build a patio and deck. Upon his Nov. 18 arraignment on those charges Merrill posted $9,600 in bail.
Now that money is in jeopardy after Essex County prosecutor Michelle Belmonte asked Judge Allen Swan to hold a bail forfeiture hearing on Dec. 16. Swan agreed to the request.
Merrill, 31, is also facing a new larceny charge filed by Haverhill police, according to a district court clerk.
The alleged victim in that case told a Daily News reporter that Merrill took $5,000 from him when Merrill agreed to build patios for him and his brother over the summer but never did the work.
Regarding the Amesbury charges, Amesbury police Detective Steven Reed spoke to the alleged victim on Oct. 6, about a month after the that person signed a contract with Merrill. As part of the contract, the homeowner gave him a $6,600 deposit for what Merrill called "materials." The checks were cashed four days later.
"Since the cashing of these checks no work has been done and no materials have been dropped off at the home. They have tried calling Mr. Merrill but his mailbox has been full so they have sent him text messages," Reed wrote in his report.
By Sept. 23, the homeowner was concerned enough to ask for his money back.
On Oct. 5, Merrill dropped off a check for $6,600 at the man's mailbox. But when the man tried to cash it at a bank he was informed there were "insufficient funds" in Merrill's account.
"'You're leading me to believe that maybe you don't have the $ is that true? Mr. Merrill texts back 'Yeah, it's true. I don't have the money,'" Reed wrote in his report.
Reed spoke to Merrill on Oct. 14, and was assured that Merrill would drop off a check to police by Oct. 22. Two days after that date, Reed warned him that if he did not resolve the matter right away he would be charged with criminal offenses. By Nov. 1, Merrill had not taken care of it.
"At this time it doesn't appear that Mr. Merrill wants to resolve this case and has clearly shown that he wants to permanently deprive (the victim) of $6,600," Reed wrote in his report.
The Newburyport case resembles the Amesbury matter in many ways, according to court records.
Merrill was charged with pocketing a $4,650 deposit given to him in August by the Newburyport homeowner for work on his property and not returning the deposit when the owner changed his mind as allowed by their contract, according to court records. Merrill also skipped his initial arraignment date for those charges but later appeared in court.
The contract they signed Aug. 6 allowed the homeowner to back out of the deal and get his money back within five days if he and Merrill did not agree on which paver Merrill picked to do the job, according to a police report.
By Aug. 26, the homeowner informed Merrill in writing that he was exercising that clause in the contract and asked for his money back. Nearly two months later and with the homeowner not having any luck reaching Merrill, he filed a complaint with Newburyport police.
RJM Construction, founded in 2008, specializes in the installation of paver stones and retaining walls among other work, according to the company's website.
Dave Rogers is a reporter with the Daily News of Newburyport. Email him at: drogers@newburyportnews.com. Follow him on Twitter @drogers41008.
