This browser does not support the Video element.
Murder indictments dropped in Harding Street raid
A Harris County judge dropped the murder indictments against Gerald Goines, the man accused of orchestrating a botched drug raid in 2019 on Harding Street. The family of the Houston couple killed during the raid says they're not going to stop fighting for justice. FOX 26's Sherman Desselle has reactions from both sides.
HARRIS COUNTY, Texas - The felony charges against former Houston Police Department officer Gerald Goines were dropped on Tuesday concerning the 2019 botched Harding Street raid, records say.
A Harris County Judge dropped the murder indictments against Goines for the death of Dennis Tuttle and Rhogena Nicholas.
Judge Veronica Nelson ruled in favor of Goines saying the indictment was "too broad."
The former officer's defense argued the charges were defective, but family members of the couple say it's another year of delays and coverups.
SUGGESTED: Houston man fights back after false conviction, sues ex-cop Gerald Goines
"The judge did exactly what the judge was supposed to do. She considered dispassionately all of the arguments from the DA's office," defense attorney Nicole DeBorde said.
It's the same argument defense attorney Nicole DeBorde has been presenting for years for her client.
"It certainly has merit, because after all of that research, the court agreed that in fact, the charges were constitutionally defective. As far as delay, any delay is the district attorney's office filing charges that could not withstand legal scrutiny," DeBorde said.
This browser does not support the Video element.
In February, former police chief Art Acevedo was questioned about the raid. In January, the Houston City Council approved more funding to defend the city and Acevedo in the lawsuit, a nearly $3 million price tag.
Rhogena's family attorney in the civil lawsuit also reacted, stating:
"Justice in the HPD Harding Street killings remains a far-off prospect, at least in the hands of the US Attorney and District Attorney offices. The family of Rhogena Nicholas remains disappointed that local, state, and federal authorities have either ignored this injustice or helped delay the Goines murder prosecution. The legal explanations aside, we’re now in the fifth year of a taxpayer-funded coverup of these murders. The Nicholas family still will not give up its ongoing fight to reveal the truth of what happened before, during, and after the killing of Rhogena."
DOWNLOAD THE FOX 26 HOUSTON APP BY CLICKING HERE
Goines previously requested to have the charges dismissed, but in February 2023, a judge denied the motion based on prosecutorial misconduct and said there was not enough evidence to justify dismissing the case.
The Harris County District Attorney's Office gave this statement:
"Today’s actions were no more than another delay tactic by the defense. The Harris County District Attorney’s office is shocked and tremendously disappointed that a judge would choose to revisit this issue, knowing that her predecessor had already ruled the defendant’s position meritless. The office is considering all its options, including amending the indictment, with an eye towards trying this case as soon as possible to ensure justice for the victims of these crimes."