It’s been five years since HPD narcotics officers gunned down homeowners Dennis Tuttle and Rhogena Nicholas.
The deadly raid was based on lies, according to HPD investigators.
“You just don’t get to lie to the court. You don’t get to lie in court documents, it throws everything out,” said former Chief Art Acevedo in the aftermath of the deadly shooting.
In the weeks following the deaths of Tuttle and Nicholas, KPRC 2 Investigates uncovered legal documents showing HPD entered the home on a bogus warrant created by narcotics officer Gerald Goines.
Harris County District Attorney Kim Ogg charged Goines with murder in August 2019.
Ogg’s mission since the raid has been to seek justice for the families of Dennis and Rhogena.
“We are not going to bring the family back to life, but we are going to hold the people responsible who should be held responsible,” said Ogg in an Interview with KPRC 2 Investigates in 2019.
Fast forward to 2024, and Goines, who also was charged by the U.S. Attorney’s Office for the Southern District still has not been tried by a judge or jury at the state or federal level.
“We know that when you look at Tennessee, you look at Minneapolis, the Department of Justice U.S. Attorney can convict cops that do wrong, but it seems like here in Houston, they are not going to do it anytime,” said Mike Doyle, the attorney representing the families of Dennis and Rhogena in the federal civil lawsuit.
What does the Houston Police Officers Union have to say about the lengthy process?
“We have no say as to when it goes, but we do have attorneys that are ready to go to court on any of these cases,” said Doug Griffith, President of HPOU.
A close examination of the case history for Goines at the state and federal levels shows several hearings and resets. The Harris County District Attorney’s Office says they are “ready” and waiting for it to be “scheduled.”
Meanwhile, the U.S. Attorney’s Office admits there have not been “many formal announcements” from their office. However, they are adamant the case is “proceeding and prosecutors are still hard at work.”
HPD’s former chief Art Acevedo came out strong when charges were filed years ago.
However, in recent months, Acevedo has seemingly dodged a federal subpoena for a deposition in the civil case with one Colorado sheriff’s office telling KPRC 2 investigates they were unable to find him. But, earlier this month, the same deputy eventually found Acevedo at the Aurora, Colorado’s city hall. It came just days before Acevedo announced he was leaving his post of interim chief in Colorado inorder to move back to Texas.
On Wednesday, Houston City Council voted on an additional 1.7 million to defend the city and Acevedo against the families of Tuttle and Nicholas.
KPRC 2 Investigates spoke with Whitmire minutes after the vote took place.
“First, it was being fought when I arrived about a month ago, and I’m not in a position to override attorneys without knowing all the facts, and I respect the process,” said Whitmire.
HPOU said it’s working to move past the legal actions filed against the department.
“Hopefully, we’ll get a resolution to this pretty quickly. It’s something lingering over our department. It’s lingering over the city, so we need to get it done,” said Griffith.
KPRC 2 Investigates asked Doyle how Houstonians should continue to have faith in the system during similar cases.
“There is no way that any family in Houston, Texas can have any belief that criminal police in this city are going to get timely prosecuted because we know it doesn’t happen,” said Doyle.
KPRC 2 Investigates is continuing to watch Goines’ case closely and will bring you any new developments. And as for his partner, Steve Bryant, he pleaded guilty in federal court in 2021, but has yet to be sentenced. As for the other case in state court alleging an overtime scam involving HPD officers who were at the raid, including some struck by gunfire like Goines, none of those have gone to trial yet.