A former executive director of the Texas Lottery Commission was indicted on an abuse of official capacity charge, but court records indicate the charge was quietly dismissed just days later by the Travis County District Attorney.
However, a new development has emerged in the case, as the dropped charges have now been returned to the court.
Last month, former Texas Lottery Commission (TLC) Executive Director Gary Grief was indicted on a first-degree felony charge of abuse of official capacity following a years-long investigation by the Texas Rangers. Investigators alleged that Grief allowed lottery ticket resellers to operate in Texas.
In many instances, third-party courier companies purchased lottery tickets on behalf of customers, enabling the online sale of Texas lottery tickets.
Although the practice had not been authorized by lawmakers, Grief allegedly misled Texas senators about the presence of resellers operating in the state during the 2023 legislative session.
During the 2025 Texas legislative session, lawmakers outlawed third-party lottery courier sales in Texas after it was revealed that courier companies had facilitated bulk ticket purchases connected to a $95 million Lotto Texas Jackpot win in 2023. Reports later raised concerns that the winning ticket purchase may have been orchestrated by an international gambling syndicate.
Following the 2023 jackpot, Lt. Gov. Dan Patrick described the large payout as “theft,” while Democrat State Sen. Carol Alvarado questioned why charges had not been brought against Grief for his alleged role in allowing the practice.
Before the 2025 legislative session, Grief resigned from his position with the TLC and was reportedly difficult for lawmakers to locate, including Patrick and Republican State Sen. Charles Schwertner.
Court documents obtained by Texas Scorecard reveal that after the indictment was filed on April 14, the charge was dismissed just three days later by Travis County Assistant District Attorney Rob Drummond. The dismissal was made “at the prosecutorial discretion” of Drummond, with no further explanation provided.
Shortly after the charges were dismissed, Grief was re-indicted in connection with the alleged jackpot scheme.
The reissued indictment comes after increased scrutiny surrounding the handling of Grief’s case, with many raising concerns about how other high-ranking officials will be treated in future cases.
However, a new court document posted by Dylan McKim of KXAN-AUSTIN showed that, alongside Grief, the Texas Lottery Commission itself was also named in the case. Additionally, a separate indictment named Ed Rogers and Clay Kidd as “managerial agents” who were allegedly acting on behalf of the TLC.
Despite multiple individuals associated with the TLC being indicted, it appears that Ryan Mindell—Grief’s short-lived successor following his 2024 resignation—was not named in the case.
Mindell left the commission after Texas lawmakers called for his removal during the 2025 legislative session. During that same session, lawmakers also voted to dissolve the commission.
Despite the reversal of the earlier dismissal, concerns remain about prosecutorial discretion and whether state officials are being held accountable for alleged misconduct.
Last week, Gov. Greg Abbott announced that he plans to propose legislation aimed at increasing accountability for local district attorneys.
His proposal includes creating a new state prosecutor position and adding district attorneys to the list of public officials subject to impeachment.