Roseville man gets probation in swindle

James C. Somers took thousands for minor or nonexistent house repairs from two vulnerable adults.

By PAT PHEIFER, Star Tribune

Last update: October 21, 2009 - 12:10 AM

James Somers was accused of swindling two vulnerable St. Paul residents out of tens of thousands of dollars for shabby or nonexistent work on their homes and yards.

But he avoided prison time -- at least for now -- at his sentencing hearing Tuesday in Ramsey County District Court.

Somers, 57, of Roseville, pleaded guilty Sept. 1 to one count of felony theft by swindle. A second count was dismissed.

He was ordered to serve 10 years on probation and pay restitution to the victims. District Judge Teresa Warner also held a 13-month sentence over his head if he fails to comply with the conditions of his probation.

Warner told Somers: "This is very serious, and if you don't uphold your responsibilities, you'll go to prison."

According to two criminal complaints, Somers persuaded a St. Paul woman with Alzheimer's disease to write him 11 checks totaling more than $29,000 in the spring and summer of 2008. Only two of the checks had notations that gave some hint as to what they were for -- one for $950 said "tree removal," the other for $1,900 said "garage door."

He also was accused of swindling an 86-year-old St. Paul man in May out of $25,000 for roof repairs when all he did was spray-paint the roof vents so they appeared new.

Somers pleaded guilty in the latter case; it was the former that was dismissed.

Diane Colburn, a niece of the St. Paul woman, said her aunt has advanced Alzheimer's disease and is terrified that Somers will knock on her door again. Colburn said her aunt, who is in her late 60s, won't be able to live independently much longer and will have to move to an assisted-living facility.

"My aunt did not deserve what he did to her," Colburn told the judge.

Warner ordered Somers to begin making monthly payments to the victims. She told him he must seek and keep a job, have a chemical dependency evaluation and not contact either victim. He also must pay a $100 fine or do 20 hours of community service.

Pat Pheifer • 612-741-4992

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