Grady County Sheriff Kieran McMullen said it was on the advice of his attorney that he reconsidered his decision to step down at this time.

“With the DA calling for a special audit, my attorney advised me to stay put, so here I am,” said McMullen. “I never got the opportunity to turn in my retirement papers, they’re still here on my desk.”

McMullen first announced he would retire Monday and would be in Tuesday only to “grab my stuff.” Later Tuesday, he told an Oklahoma City television reporter he had some “loose ends to tie up and he would leave soon but “just not today.”

Then the story changed again Wednesday morning when he told a Chickasha radio station that he would be leaving by the end of the week.

By Wednesday afternoon, when he talked to the Express-Star he did not mention a departure date.

McMullen told Grady County Commissioner Jack Porter of his plans for retirement, but then called Porter back to say he would not step down until an exit audit was complete.

“It was my understanding that he (McMullen) would wait for the audit to be finished and then he would leave,” Porter said.

Porter also said that when McMullen does decide to step down, current Undersheriff Larry Crabb would automatically assume the position of sheriff. But, whether he would keep the position until January when the newly-elected sheriff will take over, Porter said “that’s something the board will have to address, but it is what we’ve done in the past.”

After the results of the November election are in and a new sheriff has been elected, the commissioners will have to decide whether he will take office immediately following the election or wait until January, 2009 to step in.

“I think we’ve done it both ways in the past,” said Porter. “It just depends on how much time is left.”

Republican Art Kell faces Democrat Austin Green in the Nov. 4 election to succeed McMullen, who captured only 25 percent of the vote in the July Republican primary.

As for McMullen’s retirement, Porter said, “I understand his thought process about this. I think he’s done a good job and I hate to see him go. But I understand what he’s going through, so if that’s best for him, then I understand totally.”

A hearing for McMullen and three others indicted in the illegal gambling raid at the Elks Lodge in 2006 is set for 2 p.m. Friday at the Grady County Courthouse. It is anticipated that McMullen, his wife Helen, and former deputies Robert Cacy and Delmer Barthelme will agree to a plea deal. Details of any plea arrangement have not been revealed.

Calls to McMullen’s attorney, David Autrey of Oklahoma City, went unanswered Wednesday afternoon.

District Attorney Bret Burns said he will have no comment on any plea deal or the special audit until they are completed.