A perjury indictment against Oklahoma City restaurant owner Wade Mock Starr was dismissed Friday after he agreed to do 100 hours of community service and pay $2,500 to the state victims' compensation fund.
Starr also must pay $379 in court costs.
The state's 13th multicounty grand jury indicted Starr after he testified last May.
The grand jury was investigating accusations surrounding a victory party thrown for David Prater on Nov. 20, 2006, after Prater was elected Oklahoma County's district attorney.
The chief accusation was that Prater had accepted an illegal campaign donation. Grand jurors concluded the accusations against Prater were “unfair, untrue and unjust.”
Grand jurors suggested in a report that defense attorneys Joe Brett Reynolds and Irven Box made the accusations to try to gain some advantage in a highly publicized murder case. Grand jurors concluded Starr signed a false affidavit about who paid for the party.
Grand jurors also reported Starr and Reynolds were the source of a bogus invoice about the party.
Starr, 42, had faced three perjury counts. Oklahoma County District Judge Kenneth Watson dismissed all three counts Friday at the request of the prosecutor, Assistant Attorney General Megan Tilly.
Starr was identified in the indictment as a part-owner of the Deep Fork Grill and Cafe Nova restaurants in Oklahoma City.
“He is an asset to our community,” his defense attorney, Gary Wood, said. “A dismissal of all charges reflects the service Wade has provided to this city and state. A dismissal … is an appropriate resolution as Wade was preyed upon by others for their personal gain. Those who preyed upon him knew of his generosity and compassion.”
About the deal
Under his deal — known as a deferred prosecution agreement — Starr could be charged with perjury again if he violates any city, state or federal laws in the next two years.
He also could be charged again if he fails to pay the victims' compensation assessment or do his community service.
In the written agreement, Starr acknowledged “he has in fact committed the crimes” alleged in the first and third counts of the indictment.
In that first count, grand jurors alleged Starr perjured himself when he gave conflicting statements about the affidavit under oath.
Grand jurors specifically alleged Starr contradicted himself when he admitted in his grand jury testimony in May that the affidavit wasn't true. When he signed the affidavit in 2011, he stated twice it was “true and correct.”
In the affidavit, Starr stated the party was a fundraiser and that attorney Lewis B. Moon paid the entire $12,700 bill for it at Prater's request.
The affidavit was central to the accusations against Prater because Moon already had contributed $5,000 so paying for a fundraiser would be an excess donation. Grand jurors found, though, that the party at Cafe Nova was not intended as a fundraiser, that Moon had not paid for any of it and that the cost actually was $10,000.
In the other count that Starr now admits committing, grand jurors alleged he lied during his testimony when he claimed he also was involved in another party for Prater on election night Nov. 7, 2006.
Box, one of Oklahoma City most well-known attorneys, sent the accusations to the attorney general's office in February 2011. Box denies having a role in preparing Starr's affidavit about Moon paying for the party.
The affidavit was anonymously delivered to the attorney general's office in October 2011. Box has said in the past he believed Starr's affidavit was true. He said Friday that he never preyed on Starr, “that's for sure.”
Reynolds died last year.