Suit dropped against Winkler DA

Winkler County Attorney Scott Tidwell filed a non-suit motion Tuesday to dismiss the petition for removal of office of District Attorney Mike Fostel.

The motion was granted the same day by Judge Robert H. Moore III and was filed Wednesday.

The petition was brought against the oft-ill Fostel by Kermit resident and Winkler County Hospital Board member John Walton, who claimed in the petition that, since March 2009, Fostel “has not exercised any duty of the office, including correspondence, review of files, assistance of law enforcement, appearances in court or any other matter.”

Fostel was in and out of the hospital, and at home recovering from surgeries from Sept. 30, 2009, until he returned to work full time at the beginning of this year. However, he said he worked half days for the majority of that time, and all the work required of the office was completed.

“When you get sued and you did nothing wrong, you hope you’ll get justice,” Fostel said. “Of course I feel good about it.”

Tidwell said he and Fostel’s attorneys settled the case and that he believes the issue will resolve itself without Fostel’s removal.

“After considering all the facts and potential future action of all the parties, I anticipate that the removal won’t be necessary in the future,” Tidwell said.  

Walton said he agreed to dismiss the case based on Fostel saying he would return to office, but he would not elaborate.

“My mind hasn’t changed about Mr. Fostel, but this is America and we can do what we want,” he said.

Fostel said he does not plan on retiring before his term is up in December 2012, but it is an option he is considering.

@OAcourts