PEORIA (25News Now) - It's been more than a year since the subject of a 25News Digging Deeper report was charged with home repair fraud, but some of his many victims feel justice is far away.
Nicholas Hamby, owner of NJH Hardscapes, was accused by dozens of people of taking deposits and down payments for outdoor home improvement work, but never starting any actual work -- a 25News report detailing those allegations aired in February 2024.
Following our reports, Hamby was charged with home repair fraud in Woodford and Tazewell counties and aggravated home repair fraud in Peoria County. He pleaded guilty to all three.
Peoria County records indicate no payments have been made since March 2025, when he made his guilty plea.
In Tazewell County, Hamby could face an additional 120 days in prison if he does not make restitution payments. Records indicate he has made $10,000 in payments periodically throughout 2024.
In Woodford County, Hamby has paid $6,500 toward restitution and fees.
In civil court, several victims sued Hamby and won. However, he filed for bankruptcy in 2023. Those victims were added to a long list of other creditors, including OSF Healthcare, Ally Bank, LoanDepot.com, and Club Cabaret.
Gross also submitted himself as a creditor in Hamby's bankruptcy process.
That bankruptcy case was dismissed in January 2025 due to Hamby not making payments, meaning the victims and the many other creditors are even less likely to get their money back.
Further, the criminal cases and restitution payments are tied to specific, individual incidents. This means only the victims connected to those specific charges will get their money back.
Brett Gross is a victim whose case hasn't been taken to court yet.
Gross, like many other homeowners, wanted to fix up the place he'd chosen to plant his roots.
He, his wife, and their children moved to a home in rural Peoria County in the fall of 2020 and immediately saw some areas of improvement. A sidewalk running out from a side door needed a retaining wall and a drain to prevent water from pooling and nearby grass from eroding in rain. Gross also wanted a concrete patio where the family could grill and enjoy summer evenings together.
In the spring of 2023, Gross found NJH Hardscapes on Facebook. They scheduled a meeting with Hamby, who agreed to the work, set a price, and took a deposit.
After that, his story mirrors that of other victims.
"It was always a promise of we're going to be here on such and such date, and he never showed up," Gross said. "I never saw him again."
"We're a one-income family, so $6,000 is a big financial hit for us," he said.
Gross filed a police report and said he hasn't heard much since then.
"For some reason, Peoria County seems to be dragging its feet," Gross said. "I'd really just like justice to prevail in this situation."
25News tried to dig into claims of the Peoria County State's Attorney's Office "dragging its feet." We reached out to the office requesting an interview to get an update on the case and to better understand how and why the county moves forward with criminal charges.
However, the office denied our interview request. A spokesperson said victims should reach out to the Peoria County State's Attorney's office for updates. Many victims say they have received little to no information.
"I've reached out to the state's attorney's office multiple times. That's another discouraging component here," Gross said. "They have not contacted me at all."
25News also filed a Freedom of Information Act request, asking for emails or documents that could provide insight into what conversations the office is having about the case, if any. That request was largely denied and redacted. 25News has filed an appeal with the Illinois Attorney General's Office with hopes of learning more.
Without being able to speak with the county's top prosecutor, 25News turned to another lawyer for insight on the courts.
Shaun Cusack is a Peoria attorney who typically works with car crash victims. While he can't speak to the inner workings of the State's Attorney's office, he has plenty of courtroom experience.
"The State's Attorney's office has a very difficult job," Cusack said. "They are kind of a colander, and they've got the sift through the things they know they can win beyond a reasonable doubt."
"How many times can you slap a guy on the hand with the same charge and charge and charge before he changes his behavior or before you get a result for a victim," he continued.
Like Hamby's victims, Cusack is often looking to get monetary compensation for his clients. Even when the courts side with him, he said, circumstances can get in the way.
"I've often gotten huge judgments against people," Cusack said," but then we go to collect and they don't have anything."
Every legal battle, civil or criminal, is a balancing act, according to Cusack. A lawyer must weigh whether the benefits of a judgment in a client's favor are worth the legal fees, time, and effort. A public office like a state's attorney must also balance staffing and taxpayer expenses.
If a defendant can pay their victims back, great, but if they cannot, it can be a fruitless effort.
For crime victims and everyday people, it doesn't line up with the public's perceptions or hopes of the criminal justice system. If a person is wronged, they go to court for things to be put right again.
"It's infuriating to watch someone walk away with your money," Cusack said.
It's unclear if the Peoria County State's Attorney is not pursuing charges because of a cost-benefit analysis. Neither do the victims, who only know the case is technically under review.
"The legal system isn't perfect," Cusack said. "The best way to handle that is to be upfront and honest."
"I find clients want to be shot straight and nothing sugarcoated," he continued. "If something can be done, great. If not, you've got to tell them."
More than two years later, Gross’ backyard vision has not yet been achieved. He has spent more money buying bricks and materials to complete the work himself.
Looking out over the spot where his patio was supposed to be, he said, stepping outside is a constant reminder that he was scammed.
"It's another thing that just kind of leads to discouragement," he said.
Gross said his faith in the criminal justice system and the state's attorney's office has diminished.