HOUSTON – On Thursday, attorneys representing the family of Rhogena Nicholas claimed the bullet that killed Nicholas in the deadly botched police raid Jan. 28 was never secured by forensic investigators.
Attorneys Michael Doyle and Chuck Bourque stated the private forensic investigator they hired, Michael Maloney, found the round that killed Nicholas was located inside her couch.
"It's a shame. You're sitting in your own house, minding your own business and somebody shoot you,” said John Nicholas when he provided his thoughts at Thursday’s news conference.
Doyle said DNA on the round was key in making the connection.
"That bullet that was left unrecovered that tracks with the firing position outside the house, is the same blood match with DNA that was confirmed for Ms. Rhogena Nicholas," he said.
What law enforcement is saying about the claims
"HFSC has conducted a thorough investigation that included collecting fired evidence and documenting the scene in its entirety. HFSC cannot comment on the investigation of an external party, nor can it provide information on the evidence HFSC collected and its findings since they are all related to an active investigation," said Peter Stout, president and the CEO of
Houston Forensic Science Center.
"It concerns me greatly. That is evidence," said Doug Griffith, vice president of the Houston Police Officers’ Union. "That should have been recovered. Period."
"Our Civil Rights Division continues its work and will get to the truth. It would be inappropriate to comment on any potential evidence in an ongoing criminal investigation, as well as contentions raised by a civil attorney representing surviving family members," said Dane Schiller, communications director at the Harris County District Attorney’s Office.
On Thursday, Doyle and Bourque revealed they would like to depose members of the Houston Police Department, including leadership that has oversight of the narcotics officers involved in the deadly botched raid.
Channel 2 Investigates has learned the request will be heard in probate court Sept. 19.