PITTSBURG COUNTY - A judge in Pittsburg Co. shot down a move by attorneys for former Wagoner County Sheriff Bob Colbert that could have allowed him to serve out his remaining nine-day term.
District Judge James Bland denied a defense motion for partial summary judgment in the case to remove Colbert from office in a hearing Wednesday afternoon.
Colbert's attorneys filed two separate motions for partial summary judgment on three counts for removal in September, stating prosecutors for the Oklahoma Attorney General's office had no substantial case.
According to Jack Thorp, first district attorney for Wagoner County, the attorney general's office voluntarily dismissed the first count for removal. He said the judge denied a defense motion for summary judgment on a second count for removal of willful neglect of duty. A third count of failure to account for public funds is still being argued, according to court records.
Colbert's attorney Clint Hastings objected to Thorp's interpretation of what went on in court Wednesday,
"After extensive arguments to the Court today, and a clear indication from the Court that it was ruling in Colbert's favor, the AG finally conceded to dismiss the extortion charge. The Court has not yet ruled on the remaining two counts," Hastings said in an e-mail to KJRH2.
2 Works for You reached out to Judge Bland's office, which directed us to the Oklahoma Attorney General's office. The attorney general's office did not respond to requests for information.
Had Bland found in favor of Colbert, Thorp says the former sheriff could have been reinstated to office for the remainder of his term.
In March of 2016, a multicounty grand jury convened by Attorney General Scott Pruitt wrapped up a months-long investigation after a state audit turned up financial irregularities, and after an investigation by the Council on Law Enforcement Education and Training and the Oklahoma State Bureau of Investigation into allegations Colbert forced deputies to sign him in at required training he did not attend.
The grand jury investigation ended with an accusation for removal and three felony indictments stemming from a December 2014 traffic stop in which witnesses said Colbert accepted $10,000 in exchange for the release of a suspected drug dealer. He was not charged with anything related to his training records.
Facing a hearing to legally remove him from office, Colbert suspended himself in April.
Sheriff Chris Elliott was sworn in as interim sheriff in July after winning a June election. The term for which Colbert was elected ends on January 3, 2017. Elliott, a 27-year veteran of the Tulsa Police Department, will be sworn in as Wagoner County Sheriff in January.
Colbert has two cases with upcoming court dates. His civil case for removal from office is set for jury trial on February 17.
For his criminal trial, Colbert's attorneys filed a motion to quash on November 17, saying they did not have sufficient time to respond to a state filing. A hearing to consider that motion is set for Thursday in Okmulgee County, according to Thorp. A criminal trial date has yet to be set.
Proceedings for Colbert's cases are taking place in Pittsburg County and Okmulgee County after two Wagoner County judges removed themselves.
Colbert has said he never used county funds for his own benefit and he never forced anyone to sign him in to CLEET-required training. His attorneys have said he is not guilty of the charges against him.
An earlier version of this story stated that Thorp said the judge denied the motion for summary judgment on the extortion count. The story has been updated to reflect the court's actions on all motions.
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