COLDSPRING — A motion to dismiss a lawsuit filed in May over the primary election results in the San Jacinto County Sheriff’s Race was dismissed Thursday, meaning Constable Sam Houston’s primary election win over incumbent Greg Capers will stand.
Houston also is running unopposed in the general election, and with 1 vote becomes the next sheriff.
The lawsuit filed by Capers over the results of the primary election, during which he lost the nomination to Houston, has been delayed until after the Nov. 5 general election.
Capers' attorney filed the motion for moving the trial, set for Oct. 21, which Houston opposed, but the court granted the motion and moved the trial to Nov. 18.
Houston, through his attorney John Raley, filed another motion seeking the case to be dismissed.
The crux of the lawsuit is that many votes were cast improperly; however, in the motion, Houston and his attorney said they found no evidence of improper voting, and since the election was to be held prior to the court date, any question of jurisdiction over the case became moot.
In a statement, Houston said he would like to express his deepest gratitude to voters for their support and patience during the recent fight to serve as Sheriff.
“I am happy to announce that with dedication, support, and faith in our Lord, the obstacles placed before us have been overcome and the lawsuit filed against me by my opponent, Sheriff Greg Capers, has been dismissed by the court,” Houston said. “Your generous support and kind words of encouragement have been blessings to me and to my family during this challenging and turbulent time.”
Houston said that when he was made aware of the suit “challenging to the will of the (residents) of San Jacinto County,” he retained attorneys to conduct an investigation into the allegations; no evidence of impropriety was found in the election process.
“Capers was never able to prove his allegations, even though he made numerous open records requests, served search warrants, and ordered his deputies — whose salaries were paid by your county tax dollars — to spend countless hours working on his lawsuit,” Houston said
Houston said the attorneys worked toward finding the truth, not for retainers or billing but a genuine fight for justice.
“I would like to thank everyone who continued to support me during these last few months, including the many residents of this county who want to bring change, honor, and integrity to the Sheriff’s Office,” he said. “I would like to especially thank my dear wife, Sandra, who provided me with support and encouragement, as well as my attorneys who were truly Heaven-sent.
“Now we can look forward to a brighter future and face the challenges of bringing change and honor back to the San Jacinto County Sheriff’s Office,” Houston said. “I look forward to working with the dedicated men and women of the Sheriff’s office, together with the good residents of this county, to shape a better future for all of us.”
Calls for comment from Sheriff Capers were not returned.
