Indictment of former Texas Lottery director dismissed by Travis County District Attorney days later

AUSTIN (Nexstar) — Gary Grief, the former executive director of the Texas Lottery Commission who was accused of conspiring to defraud Texas lottery players, was indicted by a grand jury in Travis County last month on a felony charge for abuse of official capacity related to an April 2023 lottery win. But the Travis County district attorney’s office dismissed the case for “prosecutorial discretion.”

Assistant District Attorney Rob Drummond signed the motion to dismiss the case just three days after the grand jury indictment. Nexstar reached out to the Travis County DA’s office for an explanation for the dismissal and are waiting to hear back.

Nexstar also asked the office if District Attorney José Garza had any say about the motion to dismiss or if ADA Drummond acted on his own.

Grief retired in 2024 just before a Houston Chronicle investigation revealed a group of investors were able to purchase nearly every single number combination to almost guarantee a $95 million jackpot in an April 2023 Lotto Texas drawing. Lotto Texas is a draw game where players select six numbers between 1 and 54.

The indictment accuses Grief of “intentionally and knowingly misuse government property, services, personnel, or a thing of value belonging to the government” in the April 22, 2023 Lotto Texas drawing.