HOUSTON — It’s been more than five years since a Houston couple was killed after officers raided their home during a drug raid and opened fire, thinking they were dangerous heroin dealers.
Investigators later said they found only small amounts of marijuana and cocaine in the Texas home and charged Gerald Goinesthe officer who led the January 2019 drug raid, of lying about the couple to obtain a search warrant, including fabricating a confidential informant who allegedly bought drugs at the home. The investigation into the drug raid also turned up allegations of systemic corruption within the police department’s narcotics unit.
Goines, 59, was later charged with two counts of murder in connection with the couple’s deaths. Opening statements were scheduled for Monday in Goines’ murder trial in a Houston courtroom.
Goines has pleaded not guilty to two counts of murder in the deaths of Dennis Tuttle, 59, and his wife Rhogena Nicholas, 58.
Both prosecutors and Goines’ attorneys declined to comment prior to their opening statements because of a gag order in the case.
In court documents, prosecutors from the Harris County District Attorney’s Office criticized Goines’ efforts to quash his indictment and delay the case. In March, a judge dismissed the murder charges against Goines. He was re-indicted weeks later.
“After more than five years of providing extensive information, attending countless hearings and dealing with several delays in the trial, the time has come for justice,” prosecutors said in court documents.
Nicole DeBorde, one of Goines’ attorneys, has previously accused prosecutors of misconduct in the case. She alleged that Harris County District Attorney Kim Ogg generated excessive publicity in the case, which deprived the ex-cop of a fair trial.
Prosecutors allege Goines lied to obtain a search warrant by posing as a confidential informant and falsely portraying the couple as dangerous heroin dealers. That led to a deadly confrontation in which officers fatally shot Tuttle, Nicholas and their dog, they said. Five officers, including Goines, were wounded in the raid.
Michael Wynne, a Houston criminal defense attorney and former prosecutor who is not involved in the case, said prosecutors face, among other challenges, the challenge of overcoming the benefit of the doubt that people often give police officers.
But Goines still has too many obstacles to overcome, Wynne said.
“Mr. Goines has the best advice you could ever get,” Wynne said. “But I think they have an uphill battle here.”
A dozen officers tied to the narcotics squad who carried out the raid, including Goines, were later charged on several other charges after a corruption investigationIn June, a judge dismissed charges against several officers.
Since the raid, prosecutors have reviewed thousands of cases handled by the narcotics squad.
Goines also faces federal charges in connection with the case.
The Texas Court of Criminal Appeals has been overthrown at least 22 convictions related to Goines.
One of the other cases linked to Goines that remains under investigation is his 2004 drug arrest in Houston. George Floydwho was killed in 2020 at the hands of a Minnesota police officer, sparked a nationwide confrontation with racism within the police force. A Texas sign in 2022 denied a request to posthumously pardon Floyd for his drug possession conviction stemming from his arrest by Goines.
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