Wagstaffe 'cuffed to law at a tender age

He made the five-mile trip at the encouragement of his father — a longtime local lawyer — who just thought it would get Wagstaffe out of the house.

"I was fascinated in the work. Watching them trying the case was like seeing the real Perry Masons. The world was fascinated, for either side,” he said.

The 54-year-old Peninsula local said the experience probably helped him make the decision to go into law. His decision lead him to his 30-year career with the San Mateo County District Attorney’s Office, starting as a clerk moving up the ranks to his current position as the chief deputy district attorney. Pursuing law wasn’t the easiest choice, however.

When it came to finding a job while attending the University of Notre Dame in Indiana, Wagstaffe wanted something different. He got a job working with developmentally disabled children for four years. The 18 children ranged in age from 5 to 18 years old. Wagstaffe had to decide between pursuing his doctorate or law school. He decided medical school would always be an option.

Before leaving Indiana, Wagstaffe married his wife of 32 years, Sue. The couple met at the children’s hospital. Fifteen of the children he helped during his four-years in Indiana came to help celebrate the event.

The newlyweds moved to California. Wagstaffe graduated from the University of California at Hastings with his law degree in 1977. His work with the county office began in 1975, however, when Wagstaffe began working as a clerk.

In 1977, Wagstaffe moved up to a trial lawyer. His first case was prosecuting a man who had strangled his girlfriend. Getting his first taste of the responsibilities of working with the district attorney’s office was a learning experience.

Take the homicide on-call, for example. When a body is found, someone from the District Attorney’s Office must check out the scene. Wagstaffe had his first chance with a man who was shot in South San Francisco.

Today, Wagstaffe estimates he’s been to 175 to 200 homicide scenes. His first experience opened his eyes to what really matters when it comes to such tragic events, the survivors.

"I remember thinking, he has a wife. He was in his early 20s. He had hopes, dreams, passions. With the flash of a gunshot it could all be gone. But it made me think of everyone else who was affected. That’s why working with the victims’ families is the most rewarding,” said Wagstaffe.

Seeing such scenes becomes clinical, he said, but it’s always emotional. Dealing with crimes against children is still the hardest. One trial from the mid ’80s still stands out — a man who killed three young boys over a three-year period. He’s made the victims and their families his priority since. Pictures of victims are under a flat piece of plastic on his desk to remind him why he’s working so hard.

"He truly cares about the citizens of San Mateo County and the victims of crimes. And it’s that personal aspect of the job, I think, that’s made him so successful and committed to his work,” said Elaine Tipton, supervising district attorney and longtime friend of Wagstaffe. The pair grew up together, attending the same school from first through eighth grades.

Tipton described Wagstaffe as the hardest working individual to ever crossed the threshold of the District Attorney’s Office. Wagstaffe wakes up at 4 a.m. every day, to make it into the office by 5:15. It’s those quiet early hours that allow him to get the most work done.

He’s a common fixture in the office on the weekends as well. Just above his desk on the left hand side is a small television. Wagstaffe — a sport’s fanatic — found it easier to be in the office when District Attorney Jim Fox gave him cable so he wouldn’t miss games.

When Wagstaffe isn’t working in the office he’s got a family to hang out with. His two boys — 26-year-old Tim and 23-year-old Joe — took very different paths. Tim is working for the District Attorney’s Office in Santa Clara County while Joe is studying in the Midwest to get his master’s degree in sports administration.

Wagstaffe loves the three big sports — basketball, baseball and football. He likes watching and playing. He refs basketball games one night a week for three hours.

Wagstaffe and Sue enjoy driving and site-seeing. On a trip to Denver, for example, the couple flew into an airport that was a three-hour drive away just to see the sites.

He’s not looking at slowing down anytime soon. Wagstaffe would love to end his career in the district attorney position, but that’s only if Fox decides not to run again in three years.

"It’d be a great culmination of my time here,” he said.

Heather Murtagh can be reached by e-mail: heather@smdailyjournal.com or by phone: (650) 344-5200 ext. 105. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.