Jurors weigh how to punish a former Houston officer whose lies led to murder during a drug raid

[October 08, 2024]  By JUAN A. LOZANO

HOUSTON (AP) — Prosecutors asked a jury on Monday to sentence a former Houston police officer to life in prison for the murders of a couple during a drug raid that exposed systemic corruption.

Gerald Goines was convicted last month in the deaths of Dennis Tuttle, 59, and his wife Rhogena Nicholas, 58. The couple and their dog were fatally shot when officers burst into their home in January 2019 using a “no-knock” warrant that didn’t require them to announce themselves before entering. Authorities said Goines lied to get the search warrant and falsely portrayed the couple as dangerous drug dealers.

During closing arguments in the trial’s punishment phase, prosecutors told jurors that the deaths of Nicholas and Tuttle were the deadly result of a years-long pattern of corruption by Goines in which he lied about drug arrests and helped people get wrongly convicted. They asked for life in prison, saying he used his badge to prey on people he was supposed to protect.

“No community is cleansed by an officer that uses his badge as an instrument of oppression rather than a shield of protection,” said prosecutor Tanisha Manning.

Jurors deliberated for nearly eight hours on Monday without reaching a verdict on Goines' sentence. The jury was to resume its deliberations on Tuesday.

The investigation that followed the deadly drug raid revealed systemic corruption problems within the police department’s narcotics unit and that officers had made hundreds of errors in cases.

Defense attorneys asked jurors to give Goines the minimum sentence of five years, saying he had dedicated his 34-year career in law enforcement to serving his community and keeping drugs off the streets.

“Our community is safer with someone like Gerald, with the heart to serve and the heart to care,” said Nicole DeBorde, one of Goines' attorneys.

The jury’s sentencing deliberation was delayed a few days after Goines suffered a medical emergency in the courtroom on Thursday and was taken away in an ambulance.

During the monthlong trial, prosecutors said Goines falsely claimed an informant had bought heroin at the couple’s home from a man with a gun, setting up the violent confrontation in which the couple was killed and four officers, including Goines, were shot and wounded, and a fifth was injured.

Former Houston Police officer Gerald Gaines listens to closing arguments in the punishment phase of his felony murder trial on Monday, Oct. 7, 2024 in Houston. Goines was found guilty of felony murder in the 2019 deaths of Dennis Tuttle and Rhogena Nicholas. (Brett Coomer/Houston Chronicle via AP)

Goines’ lawyers had acknowledged the ex-officer lied to get the search warrant but minimized the impact of his false statements. His lawyers had portrayed the couple as armed drug users and said they were responsible for their own deaths because they fired at officers.

Goines’ attorneys argued that the first to fire at another person was Tuttle and not police officers. But a Texas Ranger who investigated the raid testified that the officers fired first, killing the dog and likely provoking Tuttle’s gunfire. And an officer who took part, as well as the judge who approved the warrant, testified that the raid would never have happened had they known Goines lied.

Investigators later found only small amounts of marijuana and cocaine in the house, and while Houston’s police chief at the time, Art Acevedo, initially praised Goines as being “tough as nails,” he later suspended him when the lies emerged. Goines later retired as the probes continued.

During the trial's punishment phase, jurors heard from family members of Nicholas and Tuttle, who described them as kind and generous. Tuttle’s son said his father was “pro-police.”

Several of Goines’ family members told jurors he was a good person and had dedicated his life to public service. Elyse Lanier, the widow of former Houston Mayor Bob Lanier, said she had known Goines for 20 years as a “gentle giant.”

One of the people wrongfully convicted based on Goines’ false testimony, Otis Mallet, told jurors that what Goines had done to him had “traumatically disturbed” his life.

Goines also made a drug arrest in 2004 in Houston of George Floyd, whose 2020 death at the hands of a Minnesota police officer sparked a nationwide reckoning on racism in policing. A Texas board in 2022 declined a request that Floyd be granted a posthumous pardon for that drug conviction.

Goines also faces federal criminal charges in connection with the raid, and federal civil rights lawsuits filed by the families of Tuttle and Nicholas against Goines, 12 other officers and the city of Houston are set to be tried in November.

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