Judge Starnes, Daughter Sued For "Malicious Prosecution"; Lawsuit Called "Frivolous"

  • Thursday, October 8, 2015

General Sessions Court Judge Gary Starnes and his daughter, Christina Starnes Evans, have been sued on grounds of malicious prosecution by her former boyfriend, Matthew Cunningham.

The Circuit Court complaint asks $250,000 in compensatory damages and $500,000 in punitive damages.

After an investigation by special agents with the Tennessee Bureau of Investigation, Ms. Starnes was indicted last month on charges of filing a false report and aggravated perjury.

The suit, filed by attorney Bob Batson, says Ms. Evans last October filed false charges against Mr. Cunningham and had him arrested on a claim that he had harmed her young son. It says Ms. Evans later made hundreds of text messages to Mr. Cunningham, acknowledging that the charges were false.

It says she wanted him to plead guilty to misdemeanor assault charges so that she would not face the more serious felony aggravated perjury charges.

The lawsuit claims Judge Starnes urged his daughter to prosecute Mr. Cunningham as well as to get an order of protection against him.

Attorney Lee Davis, who represents Gary Starnes, said, “Gary and Carol Starnes will not be silent concerning their adult daughter, Christina Starnes Evans, and the civil lawsuit recently filed by Matthew Cunningham in the Hamilton County Circuit Court against their daughter and Gary.  The civil lawsuit is frivolous and has no legal basis.  Last year, the Starnes' daughter filed domestic violence charges against Matthew Cunningham for abuse against her and her five-year-old son.  Obviously, Gary and Carol Starnes are and continue to be concerned about the safety and welfare of their daughter and grandson.  
"That being said, Gary Starnes had nothing to do with, nor was he involved in, the criminal prosecution of the domestic violence cases against Mr. Cunningham.  In fact, Hamilton County Detective Ric Whaley, the chief investigator for these criminal charges, specifically told Mr. Cunningham and attorney Bob Batson that he had never spoken to him about these criminal charges, nor was Gary Starnes involved in the investigation of the case.  Significantly, a special prosecutor and special judge were brought in to handle the cases independently.   
 
"Despite this knowledge, a civil lawsuit was filed against Gary Starnes in an effort to continue to harass and intimidate his family and extract money from him.   Myself and Bryan Hoss will vigorously defend Gary Starnes against these frivolous allegations.  We will also pursue any and all possible civil and/or criminal actions against the responsible parties who have intentionally and recklessly filed this civil lawsuit."

The suit says the child showed up at the Hixson First Baptist Church Preschool on Oct. 6, 2014, with injuries to the nose and lip. Personnel there contacted the sheriff's office and Child Protective Services.

The suit says the child told Child Protective Services, "Oh, last night I busted my lip and nose on momma's boot."

Ms. Starnes Evans that same day went to Circuit Court to request an Order of Protection. The suit says, "Christina Starnes says her father made her file for the Order of Protection and told her what to say."

It says that soon after Mr. Cunningham was served with the Order of Protection that Ms. Starnes Evans "began texting the plaintiff about how she was going to stand up to her parents and tell the truth."

The Order of Protection said the child was injured due to Mr. Cunningham jerking him to the floor for not eating pizza and slamming him to the hardwood face first for not cleaning up toys.

The suit says Ms. Starnes Evans "realized this lie had gone far enough and she contacted the Circuit Court judge of Division II" to get it dismissed. Judge Jeff Hollingsworth refused to see her in his chambers, but said she would need to appear in open court.

It says Ms. Starnes Evans told Judge Hollingsworth "it was her decision to drop it, that she shouldn't have taken it out and that she had been forced into doing it." It was dismissed two days after being filed.

The suit says Ms. Starnes Evans said her father, Judge Starnes, contacted her former husband, Charles William Evans, asking that he take an Order of Protection against Mr. Cunningham. It says, instead the father filed a petition to get custody of his son.

It says Ms. Starnes Evans took the child on Oct. 9, 2014, to a doctor on Signal Mountain, who interviewed her and the child "and was satisfied that there was no abuse by Matthew Cunningham." It says the doctor "reported that Christina Starnes had said that her father had made her do it."

The complaint says

General Sessions Court Judge Gary Starnes and his daughter, Christina Starnes Evans, have been sued on grounds of malicious prosecution by her former boyfriend, Matthew Cunningham.

The Circuit Court complaint asks $250,000 in compensatory damages and $500,000 in punitive damages.

After an investigation by special agents with the Tennessee Bureau of Investigation, Ms. Starnes was indicted last month on charges of filing a false report and aggravated perjury.

The suit, filed by attorney Bob Batson, says Ms. Evans last October filed false charges against Mr. Cunningham and had his arrested on a claim that he had harmed her young son. It says Ms. Evans later made hundreds of text messages to Mr. Cunningham, acknowledging that the charges were false.

It says she wanted him to plead guilty to misdemeanor assault charges so that she would not face the more serious felony aggravated perjury charges.

The lawsuit claims Judge Starnes urged his daughter to prosecute Mr. Cunningham as well as to get an Order of Protection against him.

The suit says the child showed up at the Hixson First Baptist Church Preschool on Oct. 6, 2014, with injuries to the nose and lip. Personnel there contacted the sheriff's office and Child Protective Services.

The suit says the child told Child Protective Services, "Oh, last night I busted my lip and nose on momma's boot."

Ms. Starnes Evans that same day went to Circuit Court to request an Order of Protection. The suit says, "Christina Starnes says her father made her file for the Order of Protection and told her what to say."

It says that soon after Mr. Cunningham was served with the Order of Protection that Ms. Starnes Evans "began texting the plaintiff about how she was going to stand up to her parents and tell the truth."

The Order of Protection said the child was injured due to Mr. Cunningham jerking him to the floor for not eating pizza and slamming him to the hardwood face first for not cleaning up toys.

The suit says Ms. Starnes Evans "realized this lie had gone far enough and she contacted the Circuit Court judge of Division II" to get it dismissed. Judge Jeff Hollingsworth refused to see her in his chambers, but said she would need to appear in open court.

It says Ms. Starnes Evans told Judge Hollingsworth "it was her decision to drop it, that she shouldn't have taken it out and that she had been forced into doing it." It was dismissed two days after being filed.

The suit says Ms. Starnes Evans said her father, Judge Starnes, contacted her former husband, Charles William Evans, asking that he take an Order of Protection against Mr. Cunningham. It says, instead the father filed a petition to get custody of his son.

It says Ms. Starnes Evans took the child on Oct. 9, 2014, to a doctor on Signal Mountain, who interviewed her and the child "and was satisfied that there was no abuse by Matthew Cunningham." It says the doctor "reported that Christina Starnes had said that her father had made her do it."

The complaint says Ms. Starnes Evans says she was then "directed by her father to cooperate with the detective (Ric Whaley) to have a warrant issued against Matthew Cunningham."

It says Ms. Starnes Evans said "an assistant district attorney (name withheld) called over to the Sheriff's Office to follow up on her father's request of the District Attorney. Christina Starnes says she tried to drop the charges, however, she was told if she changed her story she would be prosecuted."

Matthew Cunningham was charged with two counts of assault and placed under $100,000 bond.

The same day, the suit says, Ms. Starnes Evans started texting Mr. Cunningham "to get in touch with her as something really bad was happening." She said he was about to be arrested.

It says Ms. Starnes Evans called Mr. Cunningham "and confessed to having lied, admitted that she had tried to dismiss these charges in the DA's office that morning but was not allowed to do and was told she would be prosecuted if she changed her story." Mr. Cunningham recorded that conversation.

She said, if he would plead guilty and spare her from prosecution for perjury, she "would spend the rest of her life paying him back for all the things that she had done to him."

The suit says the attorney for Mr. Cunningham contacted Detective Whaley with information about the statements of Ms. Starnes Evans. It was agreed time would be given to discuss the matter further before he turned himself in.

The suit says, despite the agreement between the attorney and the detective, "an assistant district attorney (name withheld), who was in Memphis, directed an employee (name withheld) in the District Attorney's office that he wanted Mr. Cunningham arrested at his place of work that morning." Mr. Cunningham was taken into custody at the Sequoyah Nuclear Plant.

It says when Mr. Cunningham "was taken before a magistrate (name withheld), the magistrate cut the speaker off between Mr. Cunningham and himself and went to the phone, made a phone call and came back and told Mr. Cunningham that 'these were unusual facts and that he would have to be held for 12 hours."

Mr. Cunningham said when he started to call his family to say he was not getting out, an officer told him, "You do not get your phone call. Go back to the cell."

He was released from jail at 3 a.m.

The suit says between Oct. 10 and Oct. 14, 2014, Ms. Starnes Evans sent 343 text messages to Mr. Cunningham. The messages were recorded except for the fact that his phone at the time only held 200 texts and some rolled off.

It says the text messages stopped when her father took her phone away from her. They resumed when she got a new phone three days later.

The suit says on Nov. 6, 2014, Detective Whaley said he would have to have permission from the DA's office before turning over information about the charges to Mr. Cunningham. District Attorney Neal Pinkston that day directed that it be turned over to the defense.

An outside DA and judge were brought in on the Cunningham assault case. The suit says Ms. Starnes Evans told the outside DA, "I also have a few things I remember from that day that aren't like my story that I now need to come truthful about. Matt did jerk (child) up out of the playroom, but he had already walked back into the playroom where (child) did trip over my boots and fell. I completely over-exaggerated without realizing blaming it on Matt because I was so angry and all of the anger I had toward Matt came out the day that I was told by my father to talk to the detective. There were six kids in the playroom at the time. They knew he was in the playroom and not near (child) when he busted his lip and mouth. (Child) even said something to me about it being my fault that he fell."

The case against Matthew Cunningham was dismissed on Dec. 11, 2014.

It says Mr. Cunningham was relieved of duty by TVA and was out of work for some time. He was required by TVA to see a psychiatrist. He was later released to go back to TVA, but was not allowed in the plant for 3-6 weeks.

 

 

 

 

Latest Headlines
Breaking News
Latest Hamilton County Arrest Report
  • 3/19/2024

Here is the latest Hamilton County arrest report: AWOLOWO, APRIL 105 EUCLID STREET ATHENS, 373030000 Age at Arrest: 36 years old Arresting Agency: HC Sheriff THEFT OVER $1000 BARNETT, ... more

Senator Colton Moore Challenger Hits "An Incumbent Bent On Self-Promotion Instead Of Humble Leadership"
  • 3/18/2024

Angela Pence, a Chickamauga resident who is making a race against 53rd District Senator Colton Moore, said she aims to bring principled, effective leadership "to a district that has gone unheard ... more

Wamp Pushing For Tighter Local Lobbying Rules, Tax Abatement Policies; Bigger Share Of Sales Tax
  • 3/18/2024

County Mayor Weston Wamp spoke to the Pachyderm Club on Monday about the significance of a state basketball title, the need for local lobbying regulations and tightening up on tax abatement policies. ... more