Rare Return of Seized Money Occurs Here
A man accused of money laundering last year in Fayette County got some of his money back after his case was dismissed for lack of evidence.
Fayette County officials recently returned half of his money and his pickup truck. But they kept the other half, $14,300, along with four guns that the man was carrying, even though the courts have not found him guilty of any crime.
The defendant, 34-year-old Rodolfo Reyes of Donna, was arrested for money laundering on Jan. 28, 2021, following a traffic stop on Interstate 10. Reyes was carrying $28,600 and four guns. A Fayette County Sheriff’s deputy stopped Reyes for following too closely in traffic and failure to signal a lane change.
According to court documents in the case, the deputy who stopped Reyes asked him about a bag that was on his floorboard. Reyes told the deputy he had a handgun in the bag and “at least $25,000,” according to the court documents. Reyes told the deputy he had gone to Houston to look at a vehicle that was for sale but he did not purchase it.
The deputy wrote in a seizure affidavit about inconsistencies in Reyes’ story. The deputy wrote that he believed Reyes was transporting money and guns to Mexico as part of the illegal drug trade. Reyes told the deputy that the guns were his and that he purchased them in private sales. The deputy arrested Reyes for money laundering and unlawfully carrying weapons.
The County seized the money, guns and vehicle through Texas’ controversial civil asset forfeiture law. The court procedure allows law enforcement to seize private property as part of a criminal arrest. The forfeiture proceedings take place in civil court, which lack aspects of due process afforded to defendants in a criminal trial. For example, property owners must prove their innocence – opposite from criminal cases in which the prosecution must prove the defendant’s guilt. The standard of evidence is much lower in forfeiture cases. Property owners also have no right to a court-appointed attorney in civil forfeiture cases. The expense of mounting a defense and traveling to attend court can prevent innocent parties from retrieving their property.
In this case, a Fayette County Grand Jury indicted Reyes for money laundering. He was never formally charged with any gun crimes. Reyes denied the allegations in a court filing by his attorney. Reyes also asked the prosecution to produce evidence.
On Feb. 23, more than a year after the traffic stop, the prosecution asked the court to dismiss the criminal case against Reyes for lack of evidence. On the same day as the dismissal, the prosecution and defense signed an agreement in the forfeiture case whereby Fayette County would keep half of the money and the guns. Reyes got back the other half of the money and his pickup.