Contractor banned from work in NC after most recent arrest
After 18 months on the run, a contractor 5 On Your Side has investigated for years was arrested and banned from doing contract work in the state, all in one day.
Roger Simmons served prison time in 2019 after serious issues with his work, including drywall that couldn’t pass inspection and attic and basement projects left unfinished.
After he was released, 5 On Your Side found new accusations that Simmons was going by the name "Dale Junior" and was taking thousands of dollars from customers without finishing projects in Apex and Cary.
Wake County District Attorney Lorrin Freeman said Simmons needed to be criminally investigated after seeing what our team uncovered. That was in May 2022.
Freeman's office later authorized new charges against Simmons, but law enforcement wasn't able to find him.
Simmons was finally found and arrested Nov. 1 on six counts of felony obtaining property by false pretense, felony passing a worthless check and two counts of failing to work after being paid.
Simmons was out on probation in connection to his 2019 plea deal at the time of his arrest, so he is also charged with a felony probation violation for absconding.
The 56-year-old's first court appearance happened Thursday by video from the Wake County Detention Center. During the hearing, prosecutors said Simmons was likely to be indicted as a habitual felon. That would increase the maximum sentence on some of those felony charges to 204 months per count, if Simmons is convicted.
Just hours after Simmons was arrested, a judge signed an order banning him from ever working as a contractor in North Carolina again.
The North Carolina Attorney General sued Simmons in February 2023, accusing him of operating a residential contracting scheme, collecting money for shoddy, unsafe work that is not permitted or up to code.
The judge in that case ordered a judgment by default, writing that Simmons never responded to the Attorney General's suit.
Simmons is now banned from performing any contracting or home repair work and can't accept payment from consumers for any product or service.
He was also ordered to pay $139,152 in restitution to the 10 consumers who filed complaints with the AG's office and pay an additional $50,000 to the state.
Simmons is still in custody at the Wake County Detention Center.
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