MUSKOGEE, Okla. — A former Wagoner County sheriff’s captain charged with a misdemeanor count of public officer’s willful neglect to perform duty entered a plea on Monday to a lesser charge in exchange for his testimony against the former sheriff, court documents state.

Jeffrey T. Gragg, 48, of Muskogee entered a no-contest plea to the charges. With the plea, Gragg does not accept or deny responsibility but agrees to accept the punishment, according to court documents. Gragg acknowledged that the prosecution “might be able to prove case beyond a reasonable doubt, but wishes to avoid risk of trial.”

Gragg was given a two-year deferred sentence on the condition that he surrender his Council on Law Enforcement Education and Training license and give truthful testimony against former Wagoner County Sheriff Bob Colbert. If, after two years, Gragg has a clean record, the charge will be expunged.

Colbert and Gragg were bound over in August to face charges of one count of conspiracy to receive a bribe and one count of receiving a bribe. Those charges against Gragg were dismissed as part of his plea deal.

The Phoenix previously reported that Colbert and Gragg were accused of receiving a bribe from Torell Wallace and Barbara Bailey after a traffic stop resulted in their arrest. Gragg confiscated from Wallace and Bailey a bundle of cash totaling $10,000, vacuum sealer, plastic wrap, dryer sheets, odor killer and an open bottle of liquor during a December 2014 traffic stop.

“Torell Wallace told (Gragg) that he was on parole and asked what he needed to do to keep out of jail, to which (Gragg) responded the only way Torell Wallace was going to go home that day was to disclaim his ownership in the $10,000...,” according to the grand jury indictment.

Gragg and Colbert arrested the two. The booking process was started. Wallace and Bailey were allowed a private conversation to discuss releasing the cash. Their booking ended after Wallace disclaimed interest in the money.

A trial date is pending for Colbert.

Reach Mark Hughes at (918) 684-2908 or