Criminal charges refiled against Brian Massa

Criminal charges have been refiled against Brian Massa, 33, Noel, who is charged with misuse of information by a public servant.

The misdemenaor charge was filed Monday after an investigation by the Missouri attorney general's office. Massa allegedly used information he received working for McDonald County 911 to influence the 2008 McDonald County sheriff's race.

Massa's alleged actions are the subject of a federal lawsuit filed by the losing candidate in that race, Jeff Sutherland, and Sutherland's wife, Tammy.

Massa allegedly released a July 13, 2007, 911 tape of a call made by Mrs. Sutherland to Neosho Forums, where it was posted on Aug. 3 and to other media outlets. At the same time, an advertisement was published in the Big Nickel, indicating the call concerned an earlier incident in which the ad referred to Sutherland as being intoxicated and firing his weapon. Other allegations were also made in the ad against both Sutherland and Republican sheriff's candidate Gregg Sweeten.

The lawsuit alleges the release of the tape and an examination of Tammy Sutherland's driving records by Massa were a conspiracy to violate the couple's rights. The Sutherlands are asking for damages, attorneys' fees, and costs.

Massa's arraignment is scheduled for 10 a.m. Tuesday, Sept. 15, in McDonald County Circuit Court. This is the second time this charge has been filed against Massa. Late last year, the charge was dropped shortly after it was filed.