CORPUS CHRISTI, Texas — Nueces County District Attorney Mark Gonzalez is fighting a petition to remove him from office.
Claiming lack of jurisdiction, Gonzalez and his attorney Chris Gale argue that in Colby Wiltse's original petition to remove him from office, it was claimed that Gonzalez's alleged failings were "within (Wiltse's) personal knowledge, or information and belief, and are true and correct."
They go on to state that the court decided against pursuing several allegations in Wiltse's petition because there wasn't corroborating evidence, and that they should have been left out of county attorney Jenny Dorsey's refiled petition as well.
However, Gonzalez and Gale state that not all of the allegations that should have been left out were; and that the filing doesn't specify which accusations are based on information and which are belief, so it's therefore based on hearsay and not strong enough to go forward and should be dismissed.
"Based on the above and/or the fact that the courts have consistently and uniformly held that when the affidavit required which is an essential part in a removal proceeding is lacking, a court acquires no jurisdiction of such a cause," the petition states.
Jonathan Hullihan the Attorney for Colby Wiltse sent 3NEWS this statement on Tuesday,
“The case was initiated to stand up for law and order and the thousands of Nueces County victims of crimes and their families that have not been on the receiving end of the administration of justice. The removal provisions in our Texas Constitution and in Local Government Code 87 have many safeguards in place to ensure the authority is not used for political purposes. Ultimately, the facts, circumstances, and evidence surrounding this case will come to light and will show that gross ignorance and carelessness in the discharge of official duties has created a threat to the safety and the rule of law in Nueces County.”
More from 3News on KIIITV.com:
- Stash house bust uncovers almost $1M worth of illegal drugs, weapons, armor-piercing bullets in Portland
- Corpus Christi man indicted for selling fentanyl-laced pills that killed someone, federal officials say
- Critically missing 5-year-old found in Corpus Christi crawl space after being taken by parents
- Ohio train derailment has Corpus Christi leaders evaluating its disaster plan
Subscribe to our YouTube channel for your daily news and exclusive extended interviews.
Do you have a news tip? Tell 3!
Email tell3@kiiitv.com so we can get in touch with you about your story should we have questions or need more information. We realize some stories are sensitive in nature. Let us know if you'd like to remain anonymous.