HOUSTON – A criminal case involving Liberty County Pct. 3 Commissioner David Shirell Whitmire, who is accused of using his public office to solicit sex and exploit a woman desperate for help with a child custody case, is now in the hands of the Montgomery County District Attorney’s Office, according to court documents.
According to court records, the court recused Liberty County District Attorney Jennifer Bergman, assistant district attorneys for Liberty County, Texas as the attorney for the state in this case and appoint a district attorney pro tem.
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The court appointed Montgomery County District Attorney Brett Ligon to serve as a district attorney pro tem in the case and will represent the state of Texas in any and all criminal proceedings arising our of or related to this prosecution.
Whitmire, who drew attention earlier this year for mocking animal advocates, was indicted by a Liberty County grand jury on three counts: sexual assault, official oppression, and solicitation of prostitution, according to court documents obtained by KPRC 2.
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The indictments outline a disturbing series of events that allegedly took place in late December 2024. Whitmire is accused of sexually assaulting a woman and using his position as a public official to offer help with a child custody case in exchange for sexual favors. A third charge alleges that Whitmire offered money and assistance with the custody matter as part of a sexual agreement.
According to court documents, the case surfaced after a video was posted on social media in March 2025. The video features a couple discussing their experiences with the child custody system in Liberty County, with the woman alleging sexual misconduct by the commissioner.
The Texas Rangers were contacted and, after meeting with the couple, obtained sworn statements about their encounters with Whitmire. The woman detailed multiple interactions with Whitmire, including a December 2024 meeting in which he allegedly offered to assist with the custody case in exchange for sex. The woman stated that after feeling backed into a corner, she agreed to engage in sexual intercourse with Whitmire in exchange for his supposed help with the child custody situation.
According to court documents, Whitmire admitted to engaging in sexual activity with the woman but denied ever providing assistance with the child custody case. He allegedly told investigators that while he lied to the woman about offering help, he never intended to follow through. Court records state Whitmire acknowledged the agreement but claimed he had been intoxicated during their encounters and made the promises to “appease” her.
Despite his admission, court documents indicate Whitmire maintains that no illegal activity occurred and denies any intention to assist with the custody matter.
Whitmire’s Attorney, Chris Tritico, released the following statement:
“I’m not surprised that the DA recused herself. She gets all of her funding from the commissioner’s court, so it makes it difficult for her to turn around and prosecute one of the commissioners. Brett Ligon prosecuting is the right thing to do because he does not get funding from the Liberty County commissioner’s court. This will allow fresh eyes and without any conflict and is a better way to handle the case.”