A judge refused Monday to dismiss an indictment against George “Paul” Glover of Muskogee for an alleged conspiracy to defraud the state.

“Well, I am really, really disappointed,” said Glover attorney D.D. Hayes of Muskogee.

The state alleges Glover Construction Co., Inc., based in Muskogee, secretly used substandard materials on three state road projects, including one on U.S. 64 between Warner and Muskogee.

Assistant Attorney General Charles S. Rogers earlier described it as “secret substitution of materials on roads and highways.”

The state alleged Glover Construction took rock from it’s Youngman Quarry near Onapa, which it was not supposed to use on the projects, and mixed it with rock from Stigler Stone. The mixed rock was then used in an asphalt mix put onto U.S. 64 between Warner and Muskogee, the state claims.

Hayes argued last week that not one of the state’s 13 witnesses testified at the preliminary hearing that Glover knew of any such alleged substitution, let alone conspired to effect such a substitution.

Special District Judge Gene Mowery’s Monday ruling states he reviewed the court record and pleadings in a light most favorable to the state.

The ruling said Mowery found the evidence presented at preliminary hearing was sufficient to establish probable cause that the crime charged, conspiracy against the state, was committed and that the evidence was sufficient to establish probable cause that the named defendants committed the crime.

“It’s one of those deals when the judge didn’t say what evidence was found,” Hayes said Monday.

Glover and two co-defendants, Gary Wayne Carr of Muskogee and Jarod Neil Smith of Stigler, are to appear for trial in McIntosh County District Court at 9 a.m. Jan. 16 on the conspiracy charge.

Reach Donna Hales at 918-684-2923 or Click Here to Send Email

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