A court has dismissed murder charges against a disgraced former Houston police officer accused of lying to justify a no-knock raid that culminated in officers killing a couple in Texas.
As previously reported by Law&Crime, the officer in question, Gerald Goines, allegedly stated in search warrant filings that he utilized two confidential informants to purchase heroin from Dennis Tuttle, 59, and Rhogena Nicholas, 58, two people wrongfully accused of drug dealing.
Goines’ defense claimed that the indictments did not specify which tampering statutes he violated, according to Houston ABC affiliate KTRK.
“The judge considered the constitutional law and legal arguments from both sides in this case and decided that the charges or the indictments, both indictments for felony murder were constitutionally defective and so she quashed them which is a legal word for throwing them out,” Nicole DeBorde, Goines’ attorney, told KPRC “Now we are waiting for the state to decide how they want to continue; they have options. They can either appeal the judge’s decision or determine whether to proceed with presenting the cases before a new grand jury.
“Today’s actions were nothing more than another delay tactic by the defense,” prosecutors told Law&Crime.
“The Harris County District Attorney’s Office is startled and deeply disappointed that a judge would choose to reexamine this matter knowing that her predecessor had already pronounced the defendant’s position unfounded. The office is reviewing all available alternatives, including re-indictment, with the goal of trying this case as soon as possible to ensure justice for the victims of these atrocities.”
Patricia Ann Garcia, Tuttle and Nicholas’ neighbor pled guilty and was sentenced to three years and four months in federal prison for the initial, fraudulent 911 calls that began the entire disaster. The caller, who had a long-running quarrel with the couple, falsely accused them of being armed drug dealers who were keeping her 25-year-old daughter in their house against her will.
Another cop, Steven O. Bryant, pled guilty to lying to help cover up for Goines but has yet to be sentenced.