HOUSTON (AP) — During a trial on Monday, a prosecutor alleged that a former Houston police officer was responsible for the tragic deaths of a couple in 2019 during a raid on their home. The prosecutor claimed that the officer’s false statements on a search warrant falsely labeled the couple as dangerous drug dealers.
The former officer, Gerald Goines, is facing two counts of murder in connection with the January 2019 deaths of Dennis Tuttle, 59, and his wife, Rhogena Nicholas, 58. Goines has pleaded not guilty to the charges. His attorney acknowledged that Goines lied to obtain the search warrant, but argued that this deceit did not warrant a murder conviction and shifted the blame for the couple’s deaths onto them.
The couple, along with their pet dog, were killed when officers entered their home with a “no-knock” warrant, which allowed them to break in without announcing their presence. Goines had obtained this warrant from a judge.
In his opening statements, prosecutor Keaton Forcht explained that Goines had lied to secure the warrant by falsely asserting that an informant had bought heroin from the couple’s residence from a man carrying a gun. Later, Goines changed his story to claim that he himself had made the drug purchase, but authorities asserted that this too was a lie.
Forcht detailed how the investigation into Tuttle and Nicholas began when a neighbor made false claims in 911 calls, alleging that the couple was selling heroin. This neighbor was subsequently convicted in federal court for her misleading statements.
“It’s based on lie after lie after lie,” Forcht said, representing the Harris County District Attorney’s Office.
According to Forcht, there was no evidence that Goines had investigated the claims against the couple, nor had he sent an informant to their home or investigated it personally. He argued that Goines had created a situation that posed a “clearly dangerous” risk to human life by suggesting that a “no-knock” warrant was essential because the officers feared for their safety. Investigators later reported finding only small quantities of marijuana and cocaine in the house.
As officers stormed into the home, they immediately fired their weapons. Forcht stated that Nicholas, who was battling cancer, was sitting on her couch watching TV, while Tuttle was asleep in the bedroom at the time of the raid. “But for the actions of Gerald Goines, those two homeowners would still be alive,” he argued.
The prosecution’s first witness, Sarah Sanchez, a neighbor and friend, painted a picture of Tuttle and Nicholas as private individuals who dealt with various health issues, lived on a limited income, and had a deep affection for their dogs.
In her defense, Goines’ lawyer, Nicole DeBorde, told jurors that while her client had lied to obtain the warrant, the charges against him were excessive. “He didn’t murder anybody. He is not legally responsible for murder,” she argued. “This is a case of the wrong charges being filed. There are other consequences for him.”
DeBorde contended that Tuttle and Nicholas were accountable for their own deaths. She noted that Tuttle had fired at officers after they identified themselves, injuring four of them. Additionally, a fifth officer sustained injuries during the raid.
“Nicholas’ choices not to comply with police instructions and to attempt to grab the gun of a fallen officer led to her death,” DeBorde stated.
She further accused the prosecution of creating excessive media attention around the case, which she claimed prevented Goines from receiving a fair trial.
If convicted, Goines could face life in prison.
Michael Wynne, a criminal defense attorney based in Houston, remarked that Goines would face significant challenges during the trial. “Mr. Goines has the best counsel possible,” Wynne said. “But I believe he has an uphill battle here.”
Subsequent investigations into the drug raid revealed allegations of systemic corruption within the police department. A dozen officers associated with the narcotics division involved in the operation, including Goines, were later indicted on various charges as part of a corruption investigation. Some charges against these officers were dismissed by a judge in June.
Since the raid, prosecutors have been reviewing thousands of cases linked to the narcotics unit.
The Texas Court of Criminal Appeals has overturned at least 22 convictions associated with Goines, who is also facing federal charges.
One notable case tied to Goines still under review is the 2004 drug arrest of George Floyd in Houston. Floyd’s death in 2020 at the hands of a police officer in Minnesota ignited nationwide protests against racism in policing. A Texas board declined a request in 2022 for a posthumous pardon for Floyd’s drug conviction from his arrest by Goines.
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