Accused Wagoner County sheriff agrees to suspension

WAGONER — Wagoner County Sheriff Bob Colbert has agreed to be suspended from his duties with pay pending a jury trial on a multicounty grand jury’s accusation seeking his removal from office.

Colbert arrived at the Wagoner County Courthouse just after 9 a.m. and spent more than a half-hour in conference with his attorneys before appearing before Associate Judge Darrell Shepherd, where he announced his voluntary suspension ahead of a planned hearing to decide the matter.

The grand jury last week indicted Colbert and sheriff’s Capt. Jeff Gragg on three felony counts of bribery and extortion and recommended Colbert’s immediate suspension and eventual removal from office for extortion, willful neglect of duty and failure to produce and account for public funds.

The accusation alleges Colbert failed to account for $440 of $2,500 he received from the Wagoner County treasurer’s office for undercover operations in October 2011, as well as neglected his duties when participating in a bribe involving taking $10,000 in cash from two motorists in 2014.

Gary James, one of Colbert’s attorneys, told Shepherd that the situation is a “very political issue” in Wagoner County. Colbert did not speak in court, nor did he comment to reporters following the proceedings.

“This (hearing) would require the calling of employees of Sheriff Colbert,” James said. “It would require things that are not in the best interest of the sheriff’s office ... and the people of this county. We are not waiving anything by voluntarily suspending.”

James said his client will submit a formal suspension request within 10 days to the Board of County Commissioners, which has its next regular meeting Monday. Assistant Attorney General Megan Tilly said the state did not object to the request but maintained that the hearing’s main purpose was “to ensure this suspension is effective as of today.”

“We think the suspension is in the best interest of the county, and we look forward to trying this before a jury of his peers,” Tilly said after the hearing.

Colbert will return to court May 9 to determine whether he is ready to proceed with a tentative midJune jury trial date that will determine whether he is removed.

James and Clint Hastings, another of Colbert’s attorneys, told reporters they continue to deny the allegations against their client, which include taking a bribe and abuse of civil asset forfeiture. They have received about 2,500 pages of documents from the attorney general’s office so far.

The allegations

Colbert and Gragg are accused of taking $10,000 from two motorists, including a then-17-yearold, in exchange for not pursuing drug charges against them in December 2014. The grand jury alleged Gragg initiated a traffic stop of a vehicle driven by Torell Wallace, and found $10,000 in cash during a search of the vehicle. Wallace and his passenger claimed ownership of the money and were subsequently arrested, accused of possession of drug proceeds, according to the indictment.

While at the jail, the jury claims Colbert and Gragg accepted a bribe from the motorists after Wallace told Gragg he was on parole and asked what he needed to do to stay out of jail. Gragg reportedly told him he would be free if he disclaimed ownership of the $10,000, and that Colbert ordered Wagoner County detention officers to stop Wallace’s booking process and delete his records from the system once Wallace agreed.

The money, according to the attorney general’s office, was placed in a Sheriff’s Drug Forfeiture Account.