Former Pittsburg County Special Judge William Layden Jr. Thursday agreed to a deferred prosecution to avoid a trial for his part in a drug court embezzlement scheme, Attorney General Scott Pruitt said.

Layden, 62, was indicted in October 2011 by the Attorney General’s Multicounty Grand Jury on a charge of conspiracy to defraud the state, after he interfered with a joint investigation into the Pittsburg County Drug Court.

The drug court coordinator, Angela Marcum, was indicted in June 2011 on charges of embezzlement and destroying records. She is awaiting trial.

As part of his agreement, Layden agreed to pay more than $4,700 in restitution to the State Auditor and Inspector’s Office to cover one-third of the cost of an audit by the agency. He also agreed not seek public or judicial office and not violate any laws.

In his affidavit, Layden said he took steps to protect Marcum that he “should not have taken,” which hampered investigations by the Oklahoma Multicounty Grand Jury, the state Auditor’s Office and the OSBI.

“The evidence I have seen makes me believe the State can prove Ms. Marcum did embezzle funds … and that she used me in an effort to deflect attention to drug court participants and away from herself,” Layden wrote.

The Oklahoma Multicounty Grand Jury investigates criminal matters in all 77 counties, assisting local law enforcement as well as handling matters of state interest.

The 14th multicounty grand jury was seated this week and will meet for its first session in February.