LAW AND ORDER

The Mariposa County District Attorney’s Office will be getting a fresh face.

“I feel great,” said Spenser Wagner, 38, who will become the new DA on Dec. 1.

Wagner, currently a deputy district attorney in Madera County, was chosen for the role by a 4-1 vote last week of the Mariposa County Board of Supervisors. (See related story.)

“Spenser has been an invaluable member of our office and we are grateful for his dedication, professionalism and commitment to justice and the communities we serve,” said Madera County District Attorney Sally Moreno, his current boss.

Wagner will be paid an annual salary of $180,420, according to the current salary schedule of the county. Danielle Bondshu, clerk of the board of supervisors, said the board will formally set the salary when he is officially appointed.

In the beginning

Wagner grew up in the small enclave of Kentland in Marin County.

He completed his undergraduate degree and earned his law degree from UC Davis, graduating in 2013. He passed the California bar exam in July 2013 and became a practicing attorney in early 2014 in Marin County.

Wagner landed his job in Madera County in July 2014 and has been working there ever since.

Wagner and his wife, Katie Wagner, own a home in Merced County, where she works for the public defender’s office. However, he is moving to Mariposa County and made an offer on a home the day he was hired last week.

As of press time, he was still in negotiations for that home but stressed his primary residency will be in Mariposa County, a requirement of state law.

His road to getting the new position was a little out of the ordinary as the supervisors met more than a month before he was hired but only three of them were present for the meeting. He had to wait until last week when all were present and go through the process again, although an abbreviated one.

“This turned out to be a lot of work,” he said in an interview with the Gazette two days after being hired. “I’m excited and thankful and relieved this part is over and excited for what is to come.”

Wagner knows he’s stepping into a role that has been in the spotlight for more than a year with the controversial resignation of former DA Mike McAfee and the tumult that has followed.

But he has a positive outlook.

“There’s a lot of things that are going to have to happen,” he said.

One thing Wagner made clear is he wants to take a hands-on approach. He has pledged to personally handle the “higher exposure cases” as well as in-custody charging.

Wagner did say he has “spent a lot of time” with the current employees in the DA’s office but said he needs “to familiarize myself with the cases that are pending. I need to get in there and see how all of that is working.”

Many challenges

Wagner, during his interview with the board, said one of his biggest challenges will be stepping into the role of supervising an office.

“The easy part is handling the cases myself,” said Wagner. “The newer thing is supervising and managing other attorneys. To make sure the staff we have has the training and resources we need.”

He did have praise for the current staff, saying there is a “good group of people who are already doing a lot of work.”

He also said it is his intention to keep all of them in place and said “nobody is leaving as far as I know.”

Wagner is also pleased the office is pretty much fully staffed.

“It is much more difficult to come into an office with a bunch of vacancies,” said Wagner.

Part of the entire transition for Wagner will be coming into a much smaller office from where he now works in Madera, but he believes he’s up for the challenge.

Wagner said when he first got out of law school, he was working for much larger offices in the Bay Area, so coming to Madera was downsizing to him.

“It’s kind of moving in the same direction,” he said. “But there are a lot of benefits in small counties.”

One of those benefits, he said, is being able to “handle a case from start to finish. No one is anonymous.”

Victim Witness program

A major issue Wagner will be dealing with right off the bat is the status of the Victim Witness program, which was the subject of a debate during the same meeting he was hired. (See related story.)

In that debate, there was tension between the office that is operated by the DA and Mariposa Safe Families, which also works with victims, especially children who have been victims of sexual and abuse crimes.

“It is good we have multiple organizations that want to help,” said Wagner. “I want to include as many people as I can.”

He did say that victim witness programs “are typically” within the DA’s office.

But, he also noted that Mariposa Safe Families “wants to create a child advocacy center. Hopefully, there is room to include everyone.”

The issue that arose last week was about forensic interviews, which are conducted by specialists with young children involved. Special rooms are set up for those which included recording devices and much more.

Mariposa Safe Families has such a room, but so does the DA’s office.

Wagner said he has to “work through this and I am happy Mariposa Safe Families is involved” but added there has been a concerted effort in the DA’s office to rebuild the program.

“I don’t think there needs to be any kind of conflict,” he said.

Wagner also addressed the issue of victims in general, whether that is theft or much more serious crimes.

He has been part of the Special Victims Unit in Madera County since 2019, primarily working with child victims and domestic assault cases.

“It is very important to focus on victims,” said Wagner.

He said a “huge part of the job” is meeting with victims, “talking about outcomes and what offers I intend to make. It is really important to take time to explain to them; to keep them informed throughout the process.”

Wagner also said advocates for victims are a “very important” part of the process. “I have found that spending that extra time goes a long way. That is probably the most important part.”

Case considerations

Another part of being a DA is realizing how to deal with people who are charged with crimes.

“The goal is not to send everyone to jail or prison for as long as possible,” he said.

But he did say some cases deserve such consideration when heinous crimes are involved.

“I’ve spend a lot of time on hard cases with a lot of results in long sentences, which I think is important,” he said.

But, he added, in many cases, “it is important to consider all of the facts and circumstances. If someone has no criminal history … there could be mitigating circumstances. I always aim to be a reasonable prosecutor.”

Wagner also said it is “important” to have good relationships with all of the other people and agencies involved. That includes the sheriff’s office, probation, the judges, the defense attorneys and many more.

“I have always personally treated everyone with respect to the best of my ability,” he said. “We have the same goal. It means being mindful of everyone’s time. The main thing is as long as everyone is doing their best.”

One huge issue he is going to have to deal with is the case involving Ed Wackerman, the man accused of starting the Oak Fire and a case that has been in front of the public for several years.

The Wackerman case was granted a change of venue and is scheduled to begin in February in Fresno. An outside attorney has been hired to work on the case.

“That case is one of my top priorities,” he said, adding he has yet to review it but will be doing so quickly.

“I want to meet with the attorney working on the case because she’s put a lot of work into it already,” he said.

Wagner said he also understands the gravity of the case and how many people in the community were impacted by the fire.

A new focus

One issue that cannot be avoided is the controversy that has swirled around the DA’s office in Mariposa County over the past year and a half.

“Obviously, I have not been involved in prior administrations,” he said.

Wagner said his focus is ahead.

“I intend to come in and do what I would normally do,” he said. “I’m happy there is a fresh slate. For me, as the DA, I hope the office is respected. The people of Mariposa County deserve to have a DA’s office where there is not controversy.”

One unmistakable aspect of becoming the DA in Mariposa County is the fact Wagner will be working in one of the nation’s most historic courthouses.

“I love that courthouse,” he said. “I’m really excited to practice there.”

He said one time he had to try a case in the courthouse because of a conflict in the local DA’s office and “I thought at the time, ‘I got to do a trial in that historic courthouse,’” but figured that would be the end of it.

So much so, he took a photo of the building and sent it to his wife, who is also an attorney.

“We dream of living next door to some courthouse,” he said, adding their love of historic buildings. “I’m really excited about that. Now I will have a chance to continue.”

In a major way, no less.