A former Houston police officer stands accused of causing the 2019 deaths of a couple during a home raid, due to his false depiction of them as dangerous drug dealers on a search warrant, a prosecutor told jurors on Monday.
Gerald Goines, the ex-officer at the center of the trial, had admitted through his attorney that he lied to obtain the search warrant. However, his defense argued that these actions did not warrant a murder conviction, shifting blame for the deaths back to the couple.
Charged with two counts of murder, Goines pleaded not guilty to the deaths of Dennis Tuttle, 59, and his wife, Rhogena Nicholas, 58. The couple and their dog were killed after officers stormed their home using a “no-knock” warrant, which allowed them to enter without announcing themselves. Goines secured the warrant from a judge.
During opening statements, prosecutor Keaton Forcht asserted that Goines, now 59, fabricated his account to secure the warrant, falsely claiming that an informant had purchased heroin at the couple’s house from an armed man. Goines later changed his story, claiming he had bought the drugs himself, but authorities contended this was also a lie.
The investigation initially focused on Tuttle and Nicholas following a neighbor’s 911 call falsely accusing the couple of supplying heroin to her daughter. The neighbor was later convicted in federal court for making those false claims.
“It’s based on lie after lie after lie,” Forcht emphasized, representing the Harris County District Attorney’s Office.
Authorities discovered no evidence that Goines had investigated the neighbor’s accusations, sent an informant to buy drugs, or visited the couple’s home himself, Forcht continued. Goines had created a “clearly dangerous to human life” scenario by asserting the necessity of a “no-knock” warrant, claiming the officers faced significant dangers from the couple. Ultimately, officials found only small amounts of marijuana and cocaine in the house.
Forcht painted a grim scene, suggesting the officers opened fire immediately upon entering the home. Nicholas, who was battling cancer, was sitting on her couch watching television, while Tuttle was asleep in a bedroom. “But for the actions of Gerald Goines, those two homeowners would still be alive,” Forcht asserted.
Supporting the prosecution’s case, the first witness, Sarah Sanchez, a neighbor and friend, described the couple as reclusive, dealing with various health issues, living on a fixed income, and deeply devoted to their dogs.
In defense, Goines’ lawyer, Nicole DeBorde, acknowledged her client’s dishonesty in obtaining the warrant but argued that it did not equate to murder. “He didn’t murder anybody. He is not legally responsible for murder,” DeBorde said, claiming the prosecution had overcharged him.
DeBorde placed responsibility for the deaths on Tuttle and Nicholas, asserting that Tuttle fired at the officers after they identified themselves, wounding four of them, with a fifth officer injured during the raid. DeBorde also stated that Nicholas died because she failed to comply with police instructions and tried to seize an officer’s gun.
In the afternoon, Goines’ legal team suggested that the couple knew police had entered their home, as officers identified themselves and wore tactical gear labeled with “police.” Forcht countered, arguing Tuttle might not have focused on or seen the word “police” before his wife and dog were shot.
DeBorde criticized the prosecution for generating undue publicity, potentially hindering Goines from receiving a fair trial. If convicted, Goines could face a life sentence.
The trial is set to continue on Tuesday, with testimony expected to delve deeper into the case.
Michael Wynne, a Houston-based criminal defense attorney and former prosecutor not involved in the case, noted Goines faces numerous challenges. “Mr. Goines has the best counsel you could possibly get,” Wynne remarked. “But I think they got an uphill battle here.”
The controversial raid revealed broader allegations of corruption within the narcotics squad, with a dozen officers, including Goines, later indicted on various charges. Some of these charges have since been dismissed.
Following the raid, thousands of cases handled by the narcotics unit have come under review. The Texas Court of Criminal Appeals has overturned at least 22 convictions linked to Goines, who also faces federal charges.
One notable case under scrutiny involves George Floyd, whose 2004 drug arrest by Goines in Houston was a precursor to Floyd’s 2020 death at the hands of a Minnesota police officer — an incident that ignited national protests and a reckoning on racism in policing. In 2022, a Texas board declined a request to grant Floyd a posthumous pardon for his drug conviction stemming from his arrest by Goines.
