Lawsuit claim: Newton County assessor spread lies about newly elected county auditor, had false charges brought against him

 

In a lawsuit filed today in Newton County Circuit Court, newly elected county auditor Matt Major claims County Assessor Cheryle Perkins brought charges against him for crimes he did not commit and lied about him in an effort to sabotage his campaign and character.

Major, who was elected without opposition to the county auditor position Tuesday, was a former employee of the county assessor and it was when he decided to leave his job that the trouble started, according to the petition.

During his employment, Major developed a program in Excel using public information to assist himself in quickly and accurately valuing properties in Newton County, Missouri. 

The program was developed with the awareness and permission of Defendant Perkins using county sources of public information and Plaintiff Major’s computer knowledge. Major developed the above referenced Excel program on his own time without any pay. He used the program as a tool in order to streamline and speed up the functions of his job in the Assessor’s Office. The program was not part of any necessary or mandatory application used by the Newton County Assessor’s office. 

Major offered to teach co-workers including Defendant Perkins how to utilize the simple Excel program in performing their own job duties, but no one ever accepted this offer. The program and spreadsheets Major used were housed on his personal flash drive and copied on the office’s shared file server, visible to any employee of the Assessor’s office. 

Major quit his position with the Newton County Assessor’s office on Monday, January 25, 2021. On Saturday, January 23, 2021, in anticipation of terminating his employment, Major collected his personal items from his desk, including the flash drive belonging to Major containing the Excel program he had developed and used on the job. 

Major put his personal belongings in boxes and exited the courthouse. 

On January 28, 2021, Major answered a knock on his home door to find several armed law enforcement officers surrounding his home, dressed in tactical gear, with a battering ram brandished and guns drawn in the presence of Major and a guest in Major’s home. 

The officers presented Major with a search warrant to execute in his home and proceeded to “clear” Major’s home. Major subsequently learned that the search warrant was executed as a result of a report of stolen property from the Newton County Assessor’s office which was made by Cheryle Perkins. 

As part of the execution of that search warrant, Major voluntarily produced each and every item he had taken from his desk in the Assessor’s office, including his own personal flash drive containing the Excel program Major had created, along with significant personal information belonging to Major. Each and every item seized during the search warrant execution was personal property belonging to Major alone. 

Three months later, on April 1, 2021, Major was charged with two crimes that were later amended to two misdemeanor counts of tampering with a public record as a result of the report and complaints made by Defendant Perkins. 

The charge of two misdemeanor crimes against Major required him to employ a criminal defense attorney, which required Major to advance attorney fees in excess of $14,000.00. 

On March 28, 2021, Major announced he would run in the primary election for the Newton County Auditor’s seat. The pending criminal case against him was highly publicized during Major’s campaign, causing damage to Major’s reputation and embarrassment to him. 

The criminal case remained pending for a total of 19 months, during which time approximately 13 depositions were taken, including the deposition of Cheryle Perkins. 

During the course of her deposition, a lengthy discussion was had on the record between the Newton County prosecutor, Major’s defense attorney, and the deponent Perkins, wherein Perkins acknowledged on the record that she had changed an answer to a question asked under oath, after having been told by the prosecutor that if her initial answer was correct, the prosecutor’s office could not maintain a charge against Major because the elements of the charged crime would not have been met. 

Major was ultimately successful and won the primary election for Newton County Auditor on August 2, 2022. 

Seventeen days later, and only 11 days before the criminal case was set for jury trial, the Newton County Prosecutor’s Office dismissed all charges against Major. 

 COUNT I: MALICIOUS PROSECUTION 

Defendant Perkins instigated criminal proceedings against Plaintiff by providing objectively and knowingly false information to the Newton County Prosecuting Attorney. The criminal charges against Plaintiff were ultimately and voluntarily dismissed in Plaintiff’s favor by the Newton County Prosecuting Attorney. 

The Newton County Prosecuting Attorney lacked probable cause to charge Major with the crimes and did so only out of reliance on Defendant Perkins’ false reports. Defendant Perkins’ false and injurious statements, as set forth herein, were motivated by malice against Plaintiff and were undertaken with an evil motive and/or reckless indifference to the rights of Plaintiff for a primary purpose other than bringing an offender to justice. 

As a result of Defendant Perkins’ false and injurious statements, Plaintiff suffered damage to his reputation, impairment of social standing, embarrassment, emotional distress and anguish, as well as attorney fees and expenses incurred in his defense. 

 WHEREFORE, Major seeks a judgment in his favor and against Defendant Cheryle Perkins on Count I for malicious prosecution, including an award of damages in an amount deemed appropriate to compensate Major for damages suffered, as well as an assessment of punitive damages in order to deter Defendant and others similarly situated from like or similar conduct in the future. 

 COUNT II: ABUSE OF PROCESS 

By and because of Defendant’s unlawful actions described herein, a criminal complaint against Plaintiff was brought in Newton County. The representations contained in the false probable cause statement which underlied the criminal complaint were made by Defendant Perkins for the explicit purpose of being used to instigate criminal proceedings against Plaintiff. 

Defendant Perkins availed herself of a legal process and instigated the issuance of criminal charges against Plaintiff by providing false information, and such charges were in fact filed. Defendant’s use and abuse of the legal process described herein was illegal, perverted, and not warranted. 

As a result, Plaintiff suffered damage. Defendant’s conduct as set forth herein was done with evil motive, ill will, or in reckless disregard for the rights of Plaintiff, and justifies and award of punitive damages in favor of Plaintiff to deter Defendant and others from similar conduct in the future. 

 WHEREFORE, Major seeks a judgment in his favor and against Defendant Cheryle Perkins on Count II for abuse of process, including an award of damages in an amount deemed appropriate to compensate Major for damages suffered, as well as an assessment of punitive damages in order to deter Defendant and others similarly situated from like or similar conduct in the future. 

COUNT III- INJURIOUS FALSEHOOD 

Defendant Perkins intentionally published false statements about Plaintiff Major knowingly or recklessly. 

Defendant Perkins’ false statements were published to third parties, including but not limited to Stronghold Data Corporation, Facebook, KODE-TV journalists and reporters, as well as colleagues and co-workers of both Perkins’ and Major’s. 

Defendant Perkins published false statements for the purpose of harming Plaintiff’s financial interests; namely, in an attempt to prevent Plaintiff from being successful in obtaining a job somewhere other than the Newton County Assessor’s Office; and later, to prevent Plaintiff from being successful in his bid to win the election for job of Newton County Auditor. 

Plaintiff Major did in fact suffer financial losses as a result of the actions by Defendant Perkins described in Count III of this Petition. 

WHEREFORE, Major seeks a judgment in his favor and against Defendant Cheryle Perkins on Count III for injurious falsehood, including an award of damages in an amount deemed appropriate to compensate Major for damages suffered, as well as an assessment of punitive damages in order to deter Defendant and others similarly situated from like or similar conduct in the future. 

Major is being represented by attorneys Kate Millington and Karl Blanchard and the Springfield firm of Millington and Glass.