Oklahoma DA Responds To Criticism Of Monetary Prosecution Agreements

District Attorney Allan Grubb defended his use of deferred prosecution agreements, while the Pottawatomie County Sheriff criticized the practice.  

Deferred Prosecution Agreements, or DPAs, are secret deals proposed by district attorneys to criminal suspects that offer no mark on their criminal record or jail time in exchange for payment to the county.  

Grubb has had 49 Pottawatomi County cases that ended with a DPA since taking office in 2019, according to a case list Grubb showed News 9.  

“We’re able to get restitution up-front with the victims, and that means a lot to the victims. Whenever you go through the court procedure, restitution tends to come last,” Grubb said. “It’s a good way to make them be held accountable without causing a criminal record to be made.”  

Grubb said his office tends to use DPAs to settle misdemeanor cases including property crimes and some DUI cases.  

Pottawatomi County Sheriff Michael Booth said he believes some suspects have become repeat offenders after receiving an agreement from Grubb, although he did not provide News 9 with any data to show any increase.  

“I think it has led to more crime. I’ve seen increased theft, increased burglaries. It has led to more crimes. But people aren’t held accountable for those things,” Booth said.  

Grubb rejected Booth’s statement.  

“He’s wrong, Grubb said.  

Separately, the Oklahoma State Auditor & Inspector’s Office plans to audit Grubb’s office.  

Oklahoma County District Attorney David Prater requested the office investigate Grubb’s finances after Grubb made a payment plan with the Oklahoma District Attorneys Council, the state agency in charge of payroll for Oklahoma district attorneys.  

Grubb owes the DAC $281,218 from missed payroll payments, according to DAC Executive Coordinator Kathryn Brewer.  

In Sept. 2021, the DAC Council and Grubb signed an agreement requiring Grubb to downsize his office by removing three positions and reducing salaries on three others. Grubb owed the DAC $678,198 when the agreement was signed, Brewer said.  

Grubb told News 9 he’s paid the amount owed to DAC but doesn’t believe it has not been processed yet.  

“Apparently this problem was an issue between DAC’s financial coordinator and my financial coordinator at the time. (She was) relieved of her job, the day I learned of this,” Grubb said.  

“I believe they are not accurate with their numbers because they’re not caught up.”