HOUSTON – On Tuesday, KPRC 2 Investigates first reported former Houston Police Department Chief Art Acevedo will answer questions regarding his actions surrounding the deadly botched raid on Harding Street nearly five years ago.
That deposition was all set to take place next week in Houston, with attorneys representing the families of Rhogena Nicholas and Dennis Tuttle regarding their federal civil lawsuit in what investigators and prosecutors described as an unlawful raid.
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On Wednesday, KPRC 2 Investigates learned that the deposition was not taking place.
Through his attorneys, Acevedo says he can’t be there because he is moving back to the Lone Star State.
KPRC 2 Investigates obtained an exclusive video of Acevedo seen wearing a police uniform, served by a private process server at city hall before a recent council meeting.
Related: Video shows former HPD Chief Art Acevedo being served papers regarding deadly Harding Street raid
That subpoena read, “YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition...”
The private processor was used after the Arapahoe County Sheriff’s Office initially informed attorneys representing the families that they couldn’t track him down in November. Legal records state, “said defendant cannot be found.”
Eight days after being served, we learned about his abrupt resignation as the Interim-Police Chief of the Aurora Police Department in Colorado.
Related: Former HPD Chief Art Acevedo on the move again after sudden resignation in Colorado
The fifth anniversary of the deadly raid will be on January 28.
To date, only former officer Steven Bryant has been convicted for his involvement in the raid.
It’s unclear what part of Texas Acevedo is moving to or when the deposition will now take place.
KPRC 2 Investigates will have the full report on Acevedo canceling next week’s deposition on the KPRC 2 News at 10 p.m.