San Jacinto County to return nearly $100K worth of property to owner after seizing it 3 years ago

SAN JACINTO COUNTY, Texas (KTRK) -- A justice of the peace in San Jacinto County ordered Tuesday morning that property seized during a search warrant in 2021 should be returned to the owner.

Robert Finley said in May 2021, the Precinct 3 Constable's Office executed a search warrant on his home in Cleveland. At the time, Finley was in jail. He had been arrested days prior by the same constable's office.

His wife and son were home when Constable Sam Houston and Capt. Peter Sparta showed up with a trailer to seize property.

According to Finley, they were told law enforcement was there to look for "fields of marijuana." He admitted that they found four marijuana plants.

During the search, the constable's office seized 15 guns, a side-by-side ATV, a zero-turn lawnmower, 2,000 boxes of ammo, and two generators, Finley said.

"Every time we do a drug seizure on anything like that, you always get things that are pertinent to the crime," Houston said. "If there's weapons involved you confiscate weapons and ammo. Then, if there are things like generators that could be helping with power or lawnmowers that help cultivate the area."

"There's no reason they should have taken $80,000 to $100,000 worth of property," Finley said.

His wife was arrested that day for a felony drug possession charge.

Both Finley and his wife posted bond and were released. They were later each charged with another drug possession charge relating to the plants found.

San Jacinto County District Attorney Todd Dillon said his office declined to file charges on all of the cases against the Finleys. He said the lab tests on the plants came back inconclusive in July 2023.

Since then, the Finleys said they have not been able to get their seized property back. He said he has reached out to the constable's office and the district attorney's office numerous times to get his items, but to no avail.

"I did make efforts to try to get in contact with them and retrieve the property, and we just never heard anything," Finley said.

Houston told ABC13 during an interview that he had not heard from Finley regarding his property.

He ultimately wrote a letter to a justice of the peace in San Jacinto County asking for a hearing that was scheduled for Tuesday.

"You can call witnesses," Dillon said. "You can bring your own witnesses if you want to. Get it out in front of a court and the courts able to make a decision."

Dillon, Sparta, Houston, and Finley were present.

Ultimately, the judge ruled that the constable's office has seven days to return his property and the exchange would be made in his courtroom.

"This was kind of a weird hearing, but I think the same result that Constable Houston intended to occur even before the hearing," Dillon said.

According to Houston, the items are being held in their evidence room with the exception of the ATV, which is at a tow yard.

When asked if the property will be returned to Finley in the next seven days, Houston said, "Yes."

According to Houston, Sparta, who was over the investigation, is no longer with the constable's office.

Records show he was arrested for impersonating a police officer in December 2023 in Waller County. The Texas Commission on Law Enforcement said they have three pending cases against Sparta and two closed cases.

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