Liberty County DA’s office unveils investigation that led to arrests of fire marshal, deputy fire marshals

The Liberty County District Attorney’s Office, led by District Attorney Jennifer Bergman, held a press conference on Wednesday, Sept. 25, to address the arrests of Fire Marshal Bill Hergemueller and deputy fire marshals Erskine “Nat” Holcomb and Jesse McGraw. The trio faces charges of theft by a public servant, official oppression, and tampering with government records and evidence following an investigation conducted by the Texas Rangers.

Standing on the steps of the Liberty County Courthouse, Bergman revealed that her office began receiving complaints from various agencies and individuals, leading to the involvement of the Texas Rangers. In January 2024, after a cursory investigation by the Texas Rangers, Bergman formally requested an investigation. According to Bergman, her office has a policy that public integrity issues involving officials be investigated by an external agency.

Hergemueller, a prominent figure in Liberty County, serves not only as the fire marshal but also as the chief of HWY 321 Volunteer Fire Department (VFD), director of the Liberty County Office of Emergency Management, and chief of the Liberty County Hazardous Materials Team. Holcomb holds the position of deputy fire marshal and is also the assistant chief of the South Liberty County Hazardous Materials Team and the fire chief for Cypress Lakes VFD. McGraw, a deputy fire marshal, is the captain of the South Liberty County Hazardous Materials Team. All of these agencies receive public funding, which has come under scrutiny as part of the investigation.

Bergman explained that complaints were received from towing companies that were allegedly coerced by Hergemueller, who purportedly led them to believe that they were required to pay invoices for hazardous materials services.

“Several thousands of dollars have been paid over time by these towing companies,” Bergman said. When one company refused to pay, Hergemueller and Holcomb reportedly conducted a fire inspection on the business, which led to an official oppression charge against Hergemueller.

The Texas Rangers also investigated two crash scenes that raised further concerns. In one incident involving an 18-wheeler and a diesel spillage, Hergemueller and Holcomb were observed puncturing the truck’s tank and siphoning diesel fuel into a 55-gallon drum. Witnesses also reported seeing hazmat team members remove food products—duck, venison, fine cheese, and croissants—from the wrecked truck and load them, along with the fuel, into their vehicles. At a second crash scene, Hergemueller and his team allegedly removed car parts and a ramp, which later led to theft charges against Hergemueller and Holcomb.

In addition to the charges, the defendants are accused of conducting fire inspections, approving plans, and issuing permits without the required state licenses. Bergman said that none of the three possessed the necessary credentials to perform these duties, which are vital for the safety of schools, daycares, businesses, and other public facilities in Liberty County.

“Fire investigations were conducted, and crime scenes were entered during criminal investigations without the proper authority or licenses, resulting in tampering with evidence charges,” Bergman stated. She added that all three defendants admitted to the actions during questioning by the Texas Rangers.

Bergman outlined the specific charges for each defendant:

• Hergemueller, 63, of Dayton, is facing charges of Theft of Property, two counts of Tampering or Fabricating Physical Evidence With Intent to Impair, and Official Oppression.
• Holcomb, 64, of Cleveland, is charged with Tampering with Governmental Records and Theft of Property.
• McGraw, 53, of Cleveland, is charged with Tampering with Governmental Records and Tampering or Fabricating Physical Evidence With Intent to Impair.

During the press conference, Bergman was asked by the media if she was concerned that the actions of the three defendants could negatively impact other criminal cases, given the tampering with evidence charges.

Bergman responded, “At this point, I have a lot of concerns, and that is one of them.”

Later in the press conference, she emphasized her commitment to justice by saying, “Liberty County is a place where you can find justice, and Liberty County is a place where we hold wrongdoers accountable. That’s my commitment to the people of Liberty County and the state of Texas.”

“The Office of the Liberty County District Attorney is committed to holding any and all wrongdoers accountable,” Bergman said. “I have said it before and I will say it again, my office is here to see that justice is done. I was elected by the people of Liberty County to do the right thing because it is the right thing to do, and for no other reason if it is the hardest and unpopular thing to do. I remain steadfast in that commitment. Let me be clear, my office follows the evidence without fear or favor. We accept charges based on the evidence before us, and we follow the evidence and the law wherever it may go.”

Bergman declined to comment on whether additional charges might be filed or if others could be implicated, citing the ongoing nature of the investigation. When asked about oversight of the fire marshal’s office, Bergman directed questions to the Liberty County Judge’s Office and the Liberty County Attorney’s Office.

Liberty County Commissioners Court is expected to meet on Friday, Sept. 27, to discuss the employment of the three men charged in this case. Bluebonnet News will update as new information becomes available.