Scammed By A Fence Contractor

So the situation is I had a fence company come out and give me a quote for a new fence (it was through a coworker).

April 2024: Paid half the quote for deposit (probably where I screwed up) which $3500

Since I've paid the deposit, he's making excuses about family emergencies, court issues and other stuff for a few months.

August 2024: he finally has two workers come and start the work. and this was another flag as well: the workers really had no idea of what was going on (more on that later). They dug post holes and tore down the fence on one side of the yard. They leave for the day to wait on the inspector. A few days later inspector gives the ok.

Days and weeks go by and I keep getting excuses.

September 2024: found out about a Facebook group and found that this guy was doing the same thing to others. Turns out the workers sent out to my house weren't even paid by the owner. He was on the news and a few days later was arrested

A few of them pressed chargers against him (i didn't yet, but I have a police report against him)

Current: it looks like he was held in a detention center until December and got out.

This is where I don't know what to do as I could really use the deposit back. I also have post holes and the fence torn down on the one side.

Do I press charges to add on to the others, do I take him to small claims court or hire a lawyer and take him to court?