CORPUS CHRISTI, Texas — Nueces County Chief Medical Examiner Dr. Timothy Fagen has resigned effective immediately, following a unanimous vote of the Nueces County Commissioners Court.
Dr. Rajesh Kannan, the county's current Chief Deputy ME, has been named interim Chief ME.
Fagen came under scrutiny following the retirement last week of ME Director of Operations Forrest Mitchell.
Fagen was hired as the county's Chief Medical Examiner last July following an investigation into the office beginning in January 2022, in which Chief ME Dr. Adel Shaker was arrested and charged with multiple violations of the occupation code. Chief Deputy ME Sandra Lyden was also arrested and charged with seven counts of tampering with a government document, 13 counts of violating the Medical Practice Act with financial harm, and one count of misrepresentation regarding entitlement to practice medicine.
In a letter of retirement obtained by 6 Investigates, Mitchell wrote he could no longer work for Fagen, citing what he described as "unethical" behavior by Fagen.
Mitchell said that he was asked to remove significant portions of a memorandum submitted to the commissioner's court examining the cost to the county in performing out-of-county autopsies.
Nueces County has 18 interlocal agreements with neighboring counties to provide autopsies upon request. Medical examiners completing these autopsies receive 40% of the fee collected by the county before any expenses are deducted.
In a letter to Nueces County Judge Connie Scott, obtained via a Public Information Request, Fagen said in the presentation to the commissioner's court, Mitchell prepared two methodologies, and while Mitchell said one of those methodologies was not included to protect the doctor commission schedule, Fagen determined the first methodology was more accurate.
A separate document shows that Fagen conducted 14 exams during the month of July. A Chief Deputy and Deputy Medical Examiner each conducted 22 and 37 exams during that same time period. Additional documents obtained by 6 Investigates reveal Fagan has conducted autopsies less than 30% of the time over the last year.
In a letter to Scott, Mitchell provided an analysis of autopsies conducted by Fagen over the last year, as well as the cost to the county, utilizing documents obtained through a public information request. 6 Investigates has reviewed those same documents.
"Since he (Fagen) only scheduled himself to be in the Autopsy Suite less than 30% of the time, the Medical Examiner's Office had to rely on the Deputy Chief Medical Examiner, Deputy Medical Examiners, including part-time doctors, and contract doctors to carry more than 70% of the workload for the office. In fact, Nueces County paid more than $273,274 to provide the additional coverage needed in Fiscal Year 2023 alone."
The county funded a Director of Operations position to allow Fagen to reduce administrative duties. It also funded a deputy chief position. The documents revealed that person has worked nearly twice as many cases as Fagen in the 2023 calendar year.
"One should ask just exactly what he was doing with his time since most of his cases require 60-90 days to close, two to three times longer than his colleagues in the office," Mitchell wrote. "Just working more days in the morgue could have saved Nueces County taxpayers more than $200,000. We could have provided raises for staff at a zero cost without having to eliminate positions or anyone taking a salary reduction."
6 Investigates tried to ask Fagen about these allegations, he declined to comment, but said he would provide a statement. KRIS 6 News has not yet received this statement.
Fagen has asked that he be allowed to complete any outstanding autopsies. The county said it will confer with Dr. Kannan and revisit the issue Monday.
The court also voted to suspend all out-of-county autopsies, with 90 days' notice. This will impact 18 counties with current agreements.
"As we've seen with the financial analysis that has been previously provided, we as a county are not currently making money on that," said Brent Chesney, Commissioner, Precinct 4. "We have a great deal of exposure and liability when we do out-of-county autopsies as has been advised by our counsel. That if, if, one of those goes awry then certainly we as Nueces County are going to be included in that. Our statutory duty is only to Nueces County."
This is a developing story; stay with KRIS 6 News for updates.
