By TOM LYDEN
Staff Writer
There were three candidates vying to become the next Mariposa County District Attorney. Now, there are only two.
The Mariposa County Board of Supervisors narrowed down their choice on Sept. 8, but deadlocked on their final choice by a 2-to-1 vote, with two supervisors absent.
The full board will reconvene on Oct. 6 to consider the two remaining candidates: Mariposa County Superior Court Judge Michael Fagalde and Madera County Senior Deputy Attorney Spenser Wagner.
Mariposa County Deputy Attorney Victoria Fernandez was eliminated from consideration after failing to receive a vote.
Tuesday’s hearing was a public job interview — and a very long one, lasting two hours — with the candidates making opening statements and then taking questions from the supervisors.
The questions focused on conflicts of interest, their leadership philosophy and what it would take to restore credibility to the Mariposa County DA’s office.
Casting their vote by ballot, Supervisors Danette Toso and Rosemarie Smallcombe voted to appoint Judge Fagalde, while Supervisor Jenni Kiser voted for Wagner, the Madera County prosecutor.
Supervisors Miles Menetrey and Shannon Poe were absent from the hearing, resulting in the 2-1 vote.
The three remaining board members said given the split vote, the full board of five supervisors should be present for any final decision.
Fagalde, who has served 11 years as a Mariposa County Superior Court judge, decided not to run for reelection in November.
“Why am I standing here?” Fagalde asked rhetorically. “My wife wonders that too.”
He said he was motivated by service, and the county needing a “strong and experienced person who can lead you out of the morass.”
Fagalde said he wanted to serve the victims of crime, and that from what he’s seen as judge, he’s “not sure if that’s been done.”
“I’m not naming names,” Fagalde said.
Supervisor Kiser asked Fagalde several questions about how he would handle conflicts of interest as DA that could arise from cases he previously presided over as a judge. Fagalde said the he would need to recuse himself in cases in which he had a “substantial involvement.”
Fagalde noted that defendants also have the option to waive such a conflict.
Fagalde seemed to acknowledge he would not be able to prosecute the Oak Fire arson case against Ed Wackerman or the first-degree murder case against Justin Bolton for the killing of Wendy Pullins. Fagalde has presided over multiple hearings in both cases.
Wagner, a senior deputy DA for Madera County, told the supervisors he comes with a clean slate and wouldn’t anticipate any conflicts of interest should they appoint him as DA.
A career prosecutor, he said he would personally handle the “high-profile” cases in the office. Wagner has tried cases in Mariposa County before as a special prosecutor.
“I think I will bring stability myself with the way I plan to be supportive of the employees in the office,” Wagner said.
For the last seven years, Wagner has been a prosecutor in a special victims unit, which focuses on child abuse, child pornography, human trafficking and domestic assault cases.
Wagner admitted he was slim on management experience, but said he has been a mentor to less experienced attorneys.
Wagner was almost eliminated from consideration altogether after Smallcombe raised concerns that he wasn’t a registered voter in Mariposa County, which is a requirement for the job.
Wagner said he has already been house hunting and if selected, will immediately get an apartment to establish residency before buying a home.
Wagner said if appointed DA, he could start by Nov. 1.
Both Wagner and Fagalde said if appointed they would plan on running for DA in two years, when the elected position will be on the ballot for 2028.
There were several oblique references during the hearing — from supervisors and candidates alike — to the “chaos,” “morass” and “tumult” in the Mariposa County DA’s office.
Those troubles include the resignation of former DA Mike McAfee in August 2025 amid drug allegations. McAfee was never charged with a crime and is now in private practice.
A former investigator in the DA’s office, Joshua Keheley, is suing the county for whistleblower retaliation. His attorney is McAfee, who is contemplating his own lawsuit against the county.
Walter Wall served as DA from 2018 to 2024, when he resigned to become Mariposa County Counsel. Wall recommended McAfee as his replacement.
The board of supervisors appointed Wall as DA in August 2025 to replace McAfee. Wall then resigned, for a second time in June to become county counsel in Tuolumne County.
The supervisors aren’t the only ones divided over the choice of who should next lead the DA’s office. Law enforcement is also on opposing sides.
Fagalde received a letter of support from Mariposa County Sheriff Jeremy Briese.
But the union representing the department’s officers, the Mariposa County Deputy Sheriff’s Association, endorsed Wagner.
The final round of interviews is Oct. 6, when the supervisors are expected to appoint Mariposa County’s next district attorney.
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