Tenaha, Texas Police Steal Property From Minority Motorists

The long arm of the law’s reach exceeds propriety

“If you ever go to Houston, you better walk right, you better not stagger, you better not fight
Sheriff Benson will arrest you, he’ll carry you down
And if the jury finds you guilty, penitentiary bound.”

- Leadbelly, “Midnight Special”

If you’re going the be traveling the highways and byways of this great nation, have a care for the letter of the law. Posting bail with personal loans because you’re in the process of credit repair is tough during a recession. But do want to know something even tougher? Being pulled over by the wrong members of the Tenaha, Texas police force. All so that they can commit highway robbery, largely against minorities.

Hand ‘em over

Gary Tuchman and Katherine Wojtecki report for CNN that Roderick Daniels was traveling through Shelby County in October 2007. The Tennessee man was pulled over by Tenaha police near the Louisiana state line. Police said he was driving 37 mph in a 35 mph zone, and they imprisoned him.

While in jail, Daniels says he was threatened with money-laundering charges. Conveniently, the Tenaha police offered to let him go. All he had to do was sign papers that released property to them. Frightened and far from home, Daniels signed. He was required to surrender his jewelry and $8,500 cash.

“I actually thought this was a joke,” Daniels said to CNN. He said that one of the officers tried on some of the jewelry in front of him.

It was no joke

And Daniels and a collection of similarly robbed motorists aren’t laughing. They’re part of a lawsuit seeking to end what lawyer David Guillory calls “a systematic fleecing of drivers” passing through the small town.

Predictably, Tenaha’s longtime Mayor George Bowers says his police are law-abiding. Shelby County District Attorney Lynda Russell concurs. Texas law does allow police to confiscate drug money and personal property they believe are connected with a crime, but if charges are not filed or the person is acquitted, it must all be returned. That’s where the problem is here; Tenaha Police and the rest of Shelby County simply don’t bother.

And they threaten to take away children

Jennifer Boatright and Ron Henderson agreed to forfeit their property after Russell threatened to have their children taken into protective custody. They happened to be carrying $6,000 to buy a car. Maryland resident Amanee Busbee faced a similar threat when she was stopped in Tenaha with her fiancé and his business partner. They were carrying $50,000 to complete the purchase of a restaurant.

“The police officer would say things to me like, ‘Your son is going to child protective services because you are not saying what we need to hear,’ ” Busbee said.

Minority targeting?

Guillory estimates Tenaha authorities seized $3 million between 2006 and 2008. He earmarked about 150 of the property seizure cases as being improper. Nearly all of these cases involved African-American or Latino motorists.

“They are disproportionately going after racial minorities,” he said. “My take on the matter is that the police in Tenaha, Texas, were picking on and preying on people that were least likely to fight back.”

Where does the money go?

Texas law requires that seizure proceeds go toward “official purposes” of the district attorney or “law-enforcement purposes” of police departments. It doesn’t appear that Tenaha is staying in line. An accounted funded by property forfeitures includes expenses like a large popcorn machine, candy for a festival and catering. Furthermore, there are large traceable donations made by Russell to the local chamber, baseball league and a church. Arguably worthwhile recipients (some if not all), but hardly lawful transactions.

Here is perhaps the biggest donation infraction of all. A $10,000 went to Tenaha police officer Barry Washington, whose name came up in several complaints against the force for illegal seizures. “Investigative costs” as how Tenaha records categorize that exchange.

Texas taking action

Tenaha, Texas and the attention it has received has prompted Texas lawmakers to act. One bill under consideration would prevent authorities from using waivers like the ones Daniels and the others mentioned in this story signed.

“To have law enforcement and the district attorney essentially be crooks, in my judgment, should infuriate and does infuriate everyone,” said Senator John Whitmire, a sponsor of one bill that has passed the Senate. It is currently before the House of Representatives.

According to CNN, Busbee, Boatright and Henderson were able to reclaim their property after hiring lawyers. However, Daniels has yet to receive the $8,500 Tenaha police confiscated. He still hasn’t been told why his property was seized in the first place.

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