The petition alleges that Nodolf’s actions during the investigation and prosecution of the case constitute “official misconduct and incompetency.”
The original case began on March 5, 2019, when Midland resident David Wilson’s home security alarm apparently malfunctioned, and while Wilson and his family slept, the alarm company dispatched Midland police to the residence — informing them that a burglary was in progress.
The case details that neither the alarm company nor Midland police made any attempts to notify the homeowners prior to their arrival.
When Midland police officer Nathan Heidelberg entered the house through the front door in response to the alarm call, Wilson fired one shot that killed Officer Heidelberg.
Wilson was arrested and charged with murder by Nodolf but was ultimately found not guilty by a Midland County jury.
The court filing alleges that Nodolf committed six different illegal acts during the investigation and prosecution of the case.
The petitioners claim that after Midland police cleared Wilson’s house, Nodolf arrived on the scene and illegally searched Wilson’s home without obtaining a search warrant, which the petition says amounts to incompetency and official misconduct.
The petition also claims that Nodolf “lied to the grand jury” when she held up a document she purported to be Wilson’s alarm company contract.
While presenting the case, Nodolf held up a document supposedly showing that Wilson specifically asked the alarm company not to call him when the silent alarm is activated — insinuating that by doing so, he was entirely responsible for creating the deadly situation that led to the fatal shooting.
However, the petitioners state, no such contract exists, and Nodolf lied to the grand jury by claiming otherwise.
“No such contract existed. All of these statements, which were instrumental in obtaining Petitioner’s (Wilson) indictment, were false.”
The third allegation against Nodolf claims the district attorney offered unsworn testimony and committed a “serious misrepresentation of material fact” when she told jurors about the effects of acoustic paneling inside Wilson’s home.
“Her actions have directly affected those in the court system and indirectly affected all,” a press release from Wilson’s legal team reads, adding that “as attorneys, the gravity of filing this petition weighs heavily on us. Given what we have discovered, however, we feel we have no other choice.”
Wilson is represented by Lubbock attorney Allison Clayton and Fort Worth attorney Frank Sellers.
The attorneys are also asking the district court to immediately suspend Nodolf from office as the trial to permanently remove her proceeds.
The case will be assigned to a visiting judge, who will decide whether the case will proceed or be dismissed altogether.
Midland county commissioners also have the discretion to decide whether the county will offer to hire legal counsel to represent Nodolf or let the district attorney provide for her own legal defense.
Nodolf has yet to issue a statement addressing the petition against her.
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Matt Stringer is a journalist who writes about all things government, politics, and public policy in West Texas. He graduated summa cum laude from Odessa College with an Associate Degree in Paralegal Studies and is presently finishing a Bachelor’s Degree in Management and Leadership. In his free time, you will find him in the great outdoors, usually in the Davis Mountains and Big Bend region of Southwest Texas.