Harding Street Raid: Judge says warrant wouldn't have been signed if he'd known lies were told to obtain it
HOUSTON - The judge who issued the Harding Street "No-Knock" warrant says he never would have signed it had he known lies were told to obtain it.
Jurors heard testimony in day 3 of the trial for former HPD Narcotics officer Gerald Goines, who is charged with murder.
PREVIOUS COVERAGE: Trial begins for former Houston Police officer in Harding Street Raid case
Judge Gordon Marcum II says Goines told him he watched a confidential informant buy heroin from the house on Harding Street, and he was told the man at the house had a 9mm gun in his waistband.
Prosecutors say there was not only no informant and no drug deal, they say Goines never even investigated the home on Harding Street before barging in with a narcotics team in 2019, serving a warrant that quickly turned deadly.
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According to prosecutors, it was Goines' lies that led to the "murders" of Rhogena Nicholas and Dennis Tuttle, who were shot to death, along with their dog, inside their home, as a Houston Police Department Narcotics team served a no-knock warrant.
HPD Officer Rios, who was there in 2019 when the shots rang out on Harding Street testified, he would not have been if he'd known what was in the search warrant wasn't true.
The prosecutor asked Rios, "None of this would have happened but for Gerald Goines right?" and "but for this warrant officers aren't allowed in that home?" Rios answered "Correct" to both questions.
Officer Cedell Lovings was left paralyzed in the shooting.
Goines' Defense Attorneys told jurors, "serving a warrant isn't only dangerous, but dealing with someone with severe psychological issues is dangerous. Lovings is paralyzed because Dennis Tuttle shot him."
Three other officers were also shot, including Goines, who was struck in his face.
HPD Sgt. Bass says when Goines was in the hospital with his mouth wired shut, he gave Goines a document with the question, "What's your confidential informant's name?" Jurors were shown the paper. Goines listed his own name and ultimately wrote, "There was no confidential informant."
Goines also put on the paper he bought the heroin on his off day, which Bass says through restaurant surveillance, cell and toll road records he proved wasn't true.
Investigators say a small amount of white powder and marijuana was found in the house, along with two shotguns and two rifles. Investigators believe the drugs were for the couple's personal use. They don't believe Nicholas and Tuttle were dealing drugs.
The neighbor, Patricia Garcia, who called 911 a couple weeks before the deadly raid, said her daughter was doing drugs in the house. She was sentenced to prison time on a charge of giving false information.
Goines has several charges against him. The current trial, where he's charged with murder, is set to last several weeks.