Winkler County Texas…..the gift that keeps on giving. Christmas might be over but Winkler County is sending presents. NOW a petition has been filed to have District Attorney Michael Fostel removed from office alleging that he has been physically unable to perform his duties adequately due to some back and neck complaints for some time. You may recall that after allowing the arrest and felony charges against the two Winkler nurses, he headed for the hills and asked county attorney Scott Tidwell to take over the prosecution…which he did over the objections of the defense.
Now Tidwell is pursuing the petition filed by a citizen with the same name as sole sane county resident, John Walton. A certain John Walton is a member of the board of directors at the hapless Winkler County Memorial Hospital. He has called for heads to roll from the beginning.
FROM CBS 7 NEWS
Shannon Murray
CBS 7 News Staff
smurray@cbs7.com
December 28, 2010
Kermit, TX -
A petition from Winkler County Attorney Scott Tidwell to remove district attorney Michael Fostel is the latest in a series of controversies in Kermit.
A Winkler county resident filed an affidavit, claiming that Fostel can’t carry out his duties because of his deteriorating health.
We spoke with that resident as well as the district attorney who says he is fully capable of doing his job and plans to continue doing so.
“My job’s going to be fair game for everybody come two years when my term runs out.”
But some residents believe his term needs to end now.
John Walton, a Winkler County resident who filed the affidavit against Fostel, says Mr. Fostel has not been able to carry out his job for the last couple of years, a job tax payers are paying him around $100,000 a year to do.
“We are paying big money, the county is, for a salary in a situation where the duty can’t be adequately performed,” Walton told CBS 7 over the phone.
Fostel requested the help of County Attorney Scott Tidwell in 2009 due to his back and neck surgery.
“Scott knew that I was going to take over my responsibilities at the 1st of the year,” Fostel says.
But Fostel told us he was never off of the job.
“I have not been absent from the office, I’ve been in the office, what I haven’t done… I haven’t been attending court sessions because I had that covered by my 2 county attorneys,” he says.
For now, Fostel says he plans to finish out his term before retirement in 2 years.
“I’ve put 29 years in for this county and I’ll put in 2 more,” he claims.
County attorney Scott Tidwell wants his day in court and has asked that the petition be heard and decided by a jury.
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