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HOUSTON - Jurors are now deliberating the fate of former Houston Police Officer Gerald Goines after closing arguments wrapped up on Tuesday afternoon.
Jurors began deliberating just after 2 p.m. They are trying to decide if ex-HPD Officer Gerald Goines is guilty of felony murder for the deaths of homeowners Rhogena Nicholas and Dennis Tuttle back in 2019. Their dog was also shot and killed.
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Prosecutors say Goines lied to a judge to secure a no-knock drug warrant.
Defense attorneys say the couple died, not because of a bad warrant, but because of their own actions. They say with only four shots fired, Tuttle shot four officers where they didn't have body armor, leaving one paralyzed.
It all happened in 80 seconds in a southeast Houston home on Harding Street.
"Just because you have a badge doesn't mean you're above the law. Just because you struggle with depression or mental illness, doesn't mean you're below the law. Being entrusted to protect our community as a police officer doesn't give you a license to violate someone and their rights simply because you think they use or sell drugs," says Prosecuting Attorney Keaton Forcht.
"If a search warrant is bad, what is your remedy as a citizen? You get to go to court. You get to sue the hell out of them," says Defense Attorney Mac Secrest.
"There is one person in this world who has the blood of Rhogena Nicholas and Dennis Tuttle on their hands. It's the same hand he raised in front of Judge Marcum when he smiled and lied. Now he's using the same hand to point at the victims and say it's your fault," adds Forcht.
"Remember Sgt. Reyna walking down the street later on talking about that crazy old man was laughing at us as he was shooting at us...what caused someone's death is Dennis Tuttle and Rhogena Nicholas not complying with the officers' directives," says Secrest.
"Rhogena Nicholas has to tell people who are coming to the house to purchase drugs, the dog is up. It's the same dog she brings with her according to text messages when she goes out of her neighborhood to sell drugs," says Defense Attorney Nicole Deborde, and while showing jurors a mannequin wearing the tactical police uniform she added, "(Rhogena Nicholas) is this close to this uniform as she's screaming MF, MF, MF."
Nicholas was shot, according to court records, after an officer was shot by Tuttle and the officer fell onto the couch with Nicholas, and she tried to grab the officer's gun.
"You can hate Gerald. You don't have to like false statements, and he can be dealt with in other ways, but he's not guilty of murder," Secrest told jurors.
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"But for Gerald Goines would any of this had happened and the answer is no...he's responsible for causing those peace officers to make forcible entry into that residence at 7815 Harding Street and causing the death of Rhogena Nicholas and Dennis Tuttle," Prosecutor Tanisha Manning said to jurors and those were the last words they heard. Manning finished closing arguments with those words.
Goines was shot in the face that day.
In addition to guilty or not guilty of felony murder, jurors could also decide to only find Goines guilty of tampering with a government document.
Just as soon as jurors have a verdict, we will bring it to you.