By GREG LITTLE
Editor
In what was a reversal from a previous vote, the Mariposa County Board of Supervisors chose an outsider to become the next district attorney.
By a 4-1 vote on Tuesday morning, the board selected Spenser Wagner to fill the role of Mariposa County District Attorney.
They chose Wagner over Mariposa County Superior Court Judge Michael Fagalde.
It was somewhat of a reversal from a vote taken a month ago when there were only three supervisors present.
In that vote, after nearly two hours of interviews, supervisors Rosemarie Smallcombe and Danette Toso voted for Fagalde while Supervisor Jenni Kiser voted for Wagner.
But on Tuesday, only Smallcombe voted for Fagalde after about an hour and a half of discussions, which included statements from the candidates as well as questions from the supervisors.
Supervisors Kiser, Toso, Miles Menetrey and Shannon Poe all voted for Wagner, who is currently a deputy district attorney in Madera County. Smallcombe was the lone vote for Fagalde.
Menetrey and Poe, who were not present at the previous meeting, said they both had listened to the entire meeting.
What seemed to be central to the questioning of the supervisors on Tuesday was conflicts of interest. All of the supervisors had questions for Fagalde about those potential conflicts.
After the intense questioning, as well as some public comments including an endorsement of Fagalde by Mariposa County Sheriff Jeremy Briese, the supervisors quickly cast their ballots with Wagner the clear choice.
The vote was taken by written ballot, handed to each supervisor by Danielle Bonshu, the clerk of the board. Bonshu then read aloud how each supervisor voted.
As Toso, the chair of the board, pointed out, it was the board “selecting an applicant,” but they could not formally appoint the person.
For Fagalde, it was because he would have to be off the bench and off the county payroll.
For Wagner, it is because he is not a resident of Mariposa County. State law requires a district attorney be a registered voter of the county in which they serve.
Wagner, during the meeting, said if he was appointed, he would be making an offer on a house that same day. Wagner also said he had a rental option available immediately, if needed.
He told the supervisors he would be prepared to start the new position on Dec. 1.
He also pointed out that his wife is an attorney in Merced, where they already have a home. He said, essentially, they would be owning two homes if he was appointed.
Wagner was instructed to contact the clerk of the board of supervisors as soon as his residency requirements are met.
“I intend to serve this county for more than just the remainder of two years until 2028,” said Wagner in the meeting. “I intend to run this to be a respected DA’s office in the legal community.”
The issue of the Mariposa County District Attorney has been on the front-burner for nearly two years.
Former District Attorney Mike McAfee resigned his position following an investigation by this newspaper that resulted in text messages exchanged between him an a drug dealer in Merced. The text messages indicated McAfee was buying methamphetamine from the dealer for about a two-year period.
McAfee has never been charged with any crime but he did resign when confronted with the evidence by Mariposa County Chief Administrative Officer Joe Lynch and former Mariposa County Counsel Walter Wall.
Wall is also a central figure in the current situation.
Wall was the most recently elected district attorney but resigned that position to take the job of county counsel. It was Wall who recommended McAfee, then a deputy district attorney, for the position.
The board appointed McAfee to that position.
Once McAfee resigned, Wall then made the decision to return to the office of district attorney. But a few months ago, he decided to take the county counsel position in Tuolumne County, which led to the current situation of Mariposa County having to once again appoint a district attorney.
That process has played out over two months, including the first meeting with just three board members present and finally on Tuesday, when they appointed Wagner.
In addition to all of that, state law in California changed in the past year and now, district attorneys and sheriffs have to be on the ballot during the presidential election cycle. That means it will be 2028 before the people of the county will have a vote in who is the district attorney.
We will have more details about the district attorney issue in our Oct. 15 edition.
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