Prosecutor’S Gaffe Weakens Case Man Charged With Eight Felonies Gets ‘Slap On The Wrist’

A paperwork gaffe explains why Spokane prosecutors didn’t make a stronger case against a man accused of conning elderly and disabled mobile-home buyers out of thousands of dollars.

Jeffrey C. Vandervert, 39, was charged with eight felonies resulting from mobile home sales he brokered in the last 18 months.

But Wednesday, Vandervert received a punishment that some of his victims saw as a “slap on the wrist.” He pleaded guilty to four misdemeanors and will spend no time in jail. Vandervert did agree to pay $35,000 in restitution to five victims, although he has no job.

“He got off again,” said Betty Danner, 72, who bought a mobile home from Vandervert earlier this year. She said repairs he promised were never made.

Prosecutors say they backed off on Vandervert because they failed to file a document that would have extended his trial date.

The mishap jeopardized the prosecutor’s case, and could have provided defense lawyers with a way to argue that Vandervert should have been cleared.

“I made a mistake and regret that,” said John Lamp, the deputy prosecutor charging Vandervert.

Last week, Carlin Jude replaced Lamp, who is now taking a leave of absence.

In Washington, criminal defendants are entitled to a trial within 60 or 90 days after being charged unless they give up that right - which Vandervert was planning to do. Defendants generally waive their right to a speedy trial to prepare a better case or when they’re in the midst of plea bargaining.

Since his arrest in June, Vandervert had waived his right to a speedy trial once. And according to court transcripts, Vandervert agreed to set his trial date back another time two months ago.

During an Oct. 30 hearing, Vandervert’s lawyer, Kari Reardon, said she would give Lamp a speedy trial waiver signed by her client.

It was then Lamp’s responsibility to make sure it was filed with the court, which he didn’t do.

“I can’t say she didn’t give it to me,” Lamp said about the waiver. He has searched his office and said he couldn’t find it.

Reardon declined comment.

Prosecutors realized in mid-November they had neglected to file the waiver. Plea negotiations ensued.

But even without the mistake, Jude said there were no guarantees about the case’s outcome.

“We didn’t get to punish him, but we did get restitution,” Jude said.

She admitted, however, that authorities would have been more aggressive with Vandervert if the paperwork had been done properly.

As part of his sentence, Vandervert agreed not to seek post-conviction relief because of prosecutor’s speedy trial violations.

Vandervert, who has been convicted of four felonies since 1996, has never been sent to jail for more than six months. He recently injured his neck after falling at his parents’ house.

Vandervert is still facing another felony theft charge stemming from a car he sold two months ago. Prosecutors said he altered a vehicle title to reflect fewer miles and charged a higher price for the car.

Vandervert said he will fight the charges.

In previous thefts, he has claimed to be affiliated with the well-known Spokane contracting firm - Vandervert Construction. The company’s president described him as the son of a second cousin who has never worked for the business.