Judge dismisses fraud charge filed against Eubanks

Robert Smith
Pawhuska Journal-Capital

A judge in Major County, Oklahoma on June 21 dismissed a felony fraud charge that the District Attorney’s office there had filed against Jerry Neal Eubanks on March 25.

Eubanks, a former city manager in the Major County community of Fairview, was city manager for Pawhuska at the time that the charge was filed. Eubanks said in March that the charge was politically motivated and he had done nothing wrong. He pleaded not guilty.

In a preliminary hearing June 21, Associate District Court Judge Timothy Haworth found that the prosecution did not meet its evidentiary burden to establish probable cause to believe a crime had been committed.

A record of the decision said: “The court finds that the state did not meet its burden of probable cause to show the defendant knew his statements were false and made with the intent to defraud.”

Even with the dismissal, Eubanks has remaining legal matters to address in Major County. A misdemeanor charge, filed March 25, of “personal interest of official in transaction” is set for an Aug. 11 court date. Eubanks has pleaded not guilty to that charge.

Additionally, two felony embezzlement charges and a misdemeanor charge of “violation of official conduct” were filed against Eubanks on June 7 in Major County. Those matters are scheduled for further activity Aug. 11.

In Kay County, Eubanks still faces three felony charges that were filed against him May 25 in connection with events alleged to have taken place when he was an employee of the city of Blackwell. A civil lawsuit, in which Eubanks was named as a defendant, was filed June 16 in Kay County.

Eubanks voluntarily resigned his post as city manager for Pawhuska in an emergency City Council meeting May 26, the day after the Kay County charges were filed. The resignation was effective May 31. Pawhuska councilors accepted the resignation by a 3-to-2 vote, and began a search for a new city manager or interim city manager.

Eubanks is represented by Enid Attorney Eddie Wyant.