Liberty Co. fire marshal's job hangs in the balance amid official oppression allegations

LIBERTY COUNTY, Texas (KTRK) -- A special commissioners' court meeting will be held on Friday afternoon to determine the future of the Liberty County fire marshal's employment with the county.

William Hergemueller, Erskine Holcomb, and Jesse McGraw were all arrested on Monday and released on bond the same day.

Hergemueller, the fire marshal and coordinator of the county's office of emergency management, is charged with official oppression, tampering/fabricating physical evidence, tampering with a government record, and property theft.

Holcomb, the assistant fire marshal, is charged with tampering with a government record and property theft.

McGraw, also an assistant fire marshal, is charged with tampering with a government record and tampering/fabricating physical evidence with intent to impair.

The agenda for Friday's commissioners' court meeting states they will "discuss and take potential action regarding the position of Liberty County Fire Marshal, including the possible suspension, with or without pay, and/or termination of Bill Hergemueller, current Liberty County Fire Marshal."

An arrest affidavit filed this week said that the men did not hold the certifications needed to conduct fire inspections or investigations or approve plans or permits.

ABC13 found that McGraw is the only one who holds a certification with the Texas Commission on Fire Protection, and it is to be a structure firefighter.

According to court documents, the trio inspected daycares, schools, the Liberty County jail, businesses, and gas stations.

They also investigated fires that became part of criminal investigations.

District Attorney Jennifer Bergman was asked Wednesday morning during a news conference if the men's tampering with evidence charges would affect any cases she was assigned to prosecute.

"At this point, I have a lot of concerns, and that is one of those," Bergman said in response.

The general counsel of the Texas Commission on Fire Protection told ABC13 on Wednesday afternoon that they could not comment and would not confirm whether they were conducting an investigation related to the case.

County leaders are not commenting on the investigation or any other potential fallout, citing an ongoing investigation.

The Texas Rangers' investigation found that, in addition to operating without the proper certifications, Hergemueller and Holcomb are accused of stealing from crash scenes.

According to an arrest affidavit, Hergemueller allegedly tried to use his position in the county to extort money from tow truck drivers wrongfully.

"Let me be clear, my office follows the evidence without fear or favor," Bergman said. "We accept charges based on the evidence before us, and we follow the evidence and law wherever it may go."

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