Trial begins for former Houston police officer charged with murder after fatal attack

HOUSTON – It's been more than five years since a Houston couple was killed when police burst into their home during a drug raid and opened fire because they believed the couple were dangerous heroin dealers.

Investigators later said they found only small amounts of marijuana and cocaine in the Texas home and accused Gerald Goines, the officer who led the January 2019 drug raid, of lying about the couple to obtain a search warrant. Among other things, he fabricated a confidential informant who allegedly bought drugs at the home. The investigation into the drug raid also uncovered allegations of systematic corruption within the police narcotics unit.

Goines, 59, was later charged with two counts of first-degree murder in connection with the couple's deaths. Opening arguments in Goines' murder trial were scheduled to be heard in a Houston courtroom on Monday.

Goines has pleaded not guilty to two counts in connection with the deaths of 59-year-old Dennis Tuttle and his 58-year-old wife, Rhogena Nicholas.

Both prosecutors and Goines' attorneys declined to comment ahead of their opening statements, citing a news blackout on the case.

In court documents, prosecutors in the Harris County District Attorney's Office criticized Goines' efforts to overturn his indictment and delay the case. In March, a judge dismissed the murder charge against Goines. Weeks later, he was re-indicted.

“After more than five years of extensive evidence gathering, attending numerous hearings and dealing with various trial delays, the time for justice has now come,” prosecutors said in court documents.

Nicole DeBorde, one of Goines' attorneys, had previously accused prosecutors of misconduct in the case. She had claimed that Harris County District Attorney Kim Ogg had given the case excessive publicity, thereby preventing a fair trial for the ex-police officer.

Prosecutors allege Goines lied to obtain a search warrant by fabricating a confidential informant and falsely portraying the pair as dangerous heroin dealers. This led to a deadly standoff in which officers shot Tuttle, Nicholas and their dog, they said. Five officers, including Goines, were injured in the raid.

Michael Wynne, a Houston-based criminal defense attorney and former prosecutor unrelated to the case, said one of the issues prosecutors will have to grapple with is whether they can overcome the benefit of the doubt people typically give police officers.

But Goines has too many hurdles to overcome, Wynne said.

“Mr. Goines has the best advice you can get,” Wynne said. “But I think they have an uphill battle ahead of them here.”

A dozen officers connected to the drug squad that conducted the raid, including Goines, were later charged with various other crimes as part of a corruption investigation. In June, a judge dismissed the charges against some of the officers.

Since the raid, prosecutors have reviewed thousands of cases handled by the drug agency.

Goines will also face federal charges in this case.

The Texas Court of Criminal Appeals has overturned at least 22 convictions related to Goines.

Another Goines-related case that remains under scrutiny is the 2004 arrest of George Floyd in Houston on drug charges. His death at the hands of a Minnesota police officer in 2020 sparked a national reckoning over racism in policing. A Texas committee in 2022 rejected a request to grant Floyd a posthumous pardon for his drug conviction stemming from his arrest by Goines.