Heat rises on West Texas DA

State officials’ overwhelming concern with the Ward County district attorney’s inactivity became abundantly obvious to County Attorney Kevin Acker on a visit last week to the state Capitol.

At public committee hearings and in private conversations about the statewide Texas Youth Commission scandal, Randall Reynolds and his relaxed pursuit of two men accused of sexual abuse inside a TYC facility popped up over and over again.

Acker heard a request of Ward County officials: “We need to probably do something,” he said.

Acker is preparing a removal petition that, if successful, would unseat Reynolds as the Ward County district attorney. With a 40-plus name witness list that includes Gov. Rick Perry, the petition could be filed in 10 to 12 days, Acker said.

The county attorney must represent the state in a district attorney removal hearing, according to local government code.

“Randy has done a good job on a lot of things,” Acker said. “We’re all human and prone to making mistakes. Unfortunately, he made a mistake involv-ing a state agency. It’s turned into politics.”

The highest state officials, including Gov. Perry, have harshly criticized Reynolds for not prosecuting two former West Texas State School administrators after a Texas Rangers’ report claimed they sexually abused teenage inmates at the Pyote facility.

A Ward County grand jury will resume Tuesday to hear the case, nearly two years after the Rangers’ report and more than two months after the claims resurfaced and unraveled the TYC.

A district attorney can be removed for incompetence, official misconduct or intoxication, according to the state’s local government code. Incompetence is defined as gross ignorance and gross careless-ness of duties.

“I think he’s a good lawyer in a lot of areas, and it’s with a sick heart that I’m having to do all this,” Acker said.

But he heard the state-level concern and feared the worst.

“Holy smokes, they are fixing to take some scalps,” Acker said. “I don’t want the TYC facility in Pyote to be a scalp.”

A state auditor’s report recommended West Texas State School for possible closure following the department’s TYC review last month.

Acker hasn’t spoken to Reynolds directly, but he has communicated to Reynolds his petition intentions and Reynolds’ possible resignation through an intermediary, he said.

“It’s his decision,” he said.

Repeated attempts to contact Reynolds have been unsuccessful.

Ward County Commissioner Eddie Nelms said he is unaware of efforts to have Reynolds resign. Nelms said his official dealings with Reynolds have been positive.

“He’s always been good at budget hearings,” Nelms said. “He knows what he needs, and he knows what he’s talking about.”