A criminal case against a metro-area pool contractor accused of leaving two families' backyard pools unfinished has been dismissed, according to the Sarpy County Attorney's Office. Daniel Jacobson had been charged with threat by deception after homeowners Josh Endelicato and Greg Stolp alleged he took their money and walked away from their projects, according to court documents.
The Sarpy County Attorney's Office dismissed the case after receiving additional documentation that prompted prosecutors to reevaluate whether the evidence was sufficient to establish guilt beyond a reasonable doubt, as reported by WOWT. Before the charge was dropped, Jacobson had been released from custody after posting a $2,000 bond, per the same report. Sarpy County Sheriff's Investigator Kevin Newrones investigated the case, and text messages between Jacobson and Endelicato helped investigators piece together a project timeline that initially convinced them the contractor acted with intent to deceive rather than simple negligence.
Homeowners Describe Mounting Costs After Pools Sat Unfinished
Endelicato estimated he spent an additional $60,000 beyond his original contract to hire a replacement contractor after Jacobson allegedly abandoned the pool project around 2024, according to the station's report. Stolp, the second homeowner, said he paid $35,000 to a different contractor to finish his own pool. When Stolp first contacted Omaha Police about the matter in the summer of 2025, officers initially classified the complaint as a civil contract dispute rather than a criminal matter, the report notes.
Both homeowners pursued criminal complaints. Stolp also expressed concerns about civil remedies. Affected homeowners pursuing civil options said Jacobson had previously filed for bankruptcy, leaving them with diminished ability to recover money through a lawsuit, per the same account.
Douglas County Could Take Another Look
Following the media coverage, Douglas County Attorney Don Kleine said he would take another look at Stolp's complaint against Jacobson.
The dismissal highlights a recurring legal hurdle in Nebraska for homeowners who feel defrauded by contractors. Under Nebraska Revised Statute § 28-512, proving theft by deception requires showing a defendant intentionally created or reinforced a false impression, and the law explicitly states that intent to deceive cannot be inferred solely from a contractor's failure to perform a promise. That distinction separates a criminal fraud case from an ordinary breach-of-contract dispute, even when a homeowner is left thousands of dollars poorer.
Steep Penalties Were On The Table Before Dismissal
Had the case proceeded, the stakes were significant. In Nebraska, theft by deception involving property or funds valued at more than $5,000 is classified as a Class IIA felony, punishable by up to 20 years in prison, according to Petersen Criminal Defense Law. The case's collapse also underscores how little oversight exists for contractors in Nebraska in the first place. The Nebraska Contractor Registration Act requires all contractors doing business in Nebraska to register with the state Department of Labor, though registration does not ensure work quality or protect against fraud, according to the Nebraska Department of Labor.
The case underscores the distinction between criminal theft and civil contract disputes: prosecutors must show intentional deception, not simply a contractor's failure to fulfill a promise.
For now, Endelicato and Stolp are left without a criminal conviction in hand.
