INEZ, Ky. – A Martin County man says that he went through a lot after criminal charges of fraud and theft were brought against him in the Boone Ky., Criminal Court July 7, 2000 by his employer at the time, a press release from Kirk Law Firm reported yesterday. The charge alleged Jason Proctor, a truck delivery driver for Schwan’s, stole $3,247 from the company and fraudulently attempted to cover it up.

“That charge hit me like a sledgehammer,” Proctor said, “and it changed my life around. I found myself accused of being a criminal, without a job and having to defend myself against false charges or go to jail. It was a lonely and scary feeling.”

Proctor says he was offered a number of plea agreements, but did not consider accepting them.

“I was going to be cleared and get my name back or go to jail. I was not going to make a deal,” he said. “I knew the fight would be hard, but I really did not know it would be so long and hard.”

Over four years later, on November 19, 2004, Proctor found himself vindicated of the criminal charges.

“I felt good, in many ways, and like a new man, but I also was angry for what I had been through.”

On November 22, 2004, Kirk Law Firm filed a civil action for Proctor in the Martin Circuit Court against Schwan’s, alleging the company “committed the tort of malicious prosecution” by bringing false criminal charges. The suit alleged there “was no probable cause” for the criminal charges and that Schwan’s had brought the criminal charges to “cover up erroneous bookkeeping.”

Proctor’s complaint alleged Schwan’s actions were such that Proctor should be compensated for “lost wages, emotional distress and mental anguish, along with other damages.” The suit sought an unspecified amount as damages.

Schwan’s defended the lawsuit and denied the allegations in Proctor’s suit.

Eventually, after a five-year battle between Proctor and Schwan’s, following filing of the civil action, the dispute was settled at mediation, eliminating the necessity of a trial that was scheduled in April. Terms of the settlement could not disclosed, according to John Kirk and Kyle Salyer, Proctor’s attorneys.

“Out of consideration for Jason’s privacy and also because we agreed with Schwan’s that the settlement would be confidential, I cannot comment on the amounts or terms of settlement.,” Kirk said. “I can say, however, that justice was done and now Jason can get this all behind him and get back to being normal.”