Ector County law enforcement agencies seized just over $1.3 million in cash from suspected drug dealers and alleged illegal gambling establishments from 2019-2021, enabling them to invest in technology and equipment upgrades.
According to records obtained from the Ector County District Attorney’s Office through the Texas Public Information Act, the Odessa Police Department did 90 percent of the seizing, taking in $1.18 million. The Ector County Sheriff’s Office seized just under $81,000 and DPS took in just over $48,000 during that three-year time frame.
According to Texas state laws, law enforcement officers are allowed to seize cash and property they believe are the ill-gotten gains of criminal activity. Ector County District Attorney Dusty Gallivan is then required to file a civil forfeiture action in District Court, giving the cash and property owners an opportunity to disprove the cash and property are the result of illegal activities.
“We never have hearings on those cases because they usually don’t show up,” Gallivan said.
Seizing property and cash and filing forfeiture proceedings have caused controversies in other jurisdictions, but Gallivan said he will not file forfeiture actions unless criminal charges have been filed against the defendant or his office is close to pursuing a criminal case.
“Legally there doesn’t have to be a conviction,” Gallivan said. “My policy is we will not seize funds or property unless there’s an associated criminal case.” Filing only when there is a criminal case is fair, he said.
Records show that while the vast majority of the seizures are linked to drug cases, that’s not necessarily the case when it comes to the percentage of cash seized.
In 2019, 51 percent of the cash seized by OPD was tied to just two illegal gambling cases. The other 16 cases filed involved drugs.
In 2020, 34 drug cases were filed by OPD and one was a money laundering case in which nearly $44,000 was seized. Overall, OPD seized $609,428 that year.
In 2021, 50 forfeiture cases involving OPD were filed and roughly 30 percent of the $421,589 seized was connected to five illegal gambling cases. Seven of the 50 cases involved theft cases and the remaining were drug cases, records show.
Roughly $84,000 was seized in a catalytic converter theft case and nearly $35,000 was seized from two people accused of illegally selling buyer tags, which are temporary registration tags for motor vehicles. In a third case, more than $18,000 was seized from a man accused of selling catalytic converters and drugs, records show.
There are strict rules about how law enforcement agencies can spend the cash they seize or get after seized property is auctioned off, Gallivan said.
His office, which receives a percentage of the cash seized, but zero percentage of the auction proceeds, uses it for technology upgrades, Surface laptops and training, he said.
“We use it to keep our computers up to date, and we have Surfaces. Because of COVID, we need the ability to work from home,” Gallivan said.
Records obtained from OPD through public information requests show the department has also used its seizure money for technology.
“There’s a very limited amount of things that you can actually use those funds for,” OPD Chief Mike Gerke said. “You can’t use it to build a new building. I can’t fly to Mexico for a vacation. None of those things. It’s just equipment.”
Gerke strongly believes in intelligence-led policing which results in police officers being deployed to areas where the data shows crimes are occurring. In recent years, the department has invested in drones, incident management cameras that are monitored at the city’s Real Time Intelligence Center, Flock safety cameras that read license plates and CloudGavel, which is an electronic warrant system that allows officers and judges to create, review and process arrest and search warrants in the field.
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