Jurors hear about 'pattern of misconduct' as they decide how Goines will be punished for felony murder charges
HOUSTON - Former Houston Police Officer Gerald Goines could spend the rest of his life in prison after he was found guilty of felony murder on Wednesday.
Prosecutors in the sentencing phase of the trial told jurors Goines had "a pattern of misconduct," lying to secure no-knock search warrants.
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Defense attorneys say Goines was a 34-year veteran of the force who took thousands of criminals and drugs off the street, but prosecuting attorneys argue Goines became one of the bad guys in need of being put away.
"I was at a friend's house. They did a no-knock warrant, kicked the door in, threw a concussion grenade, and hit his girlfriend's daughter in the face with it. All hell broke loose. We all stood up with our hands in the air," explains James Ybarra, who says he was wrongfully arrested by Gerald Goines on drug charges in 2014 and Ybarra is now suing.
Gerald Goines found guilty of felony murder
In a case we've been following for five years, jurors have found former Houston police narcotics officer Gerald Goines guilty of two counts of felony murder. FOX 26's Damali Keith is at Harris County criminal courthouse where the former officer learned his fate.
Ybarra and dozens of others arrested by Goines, including George Floyd, have had their drug charges overturned after 2019, when prosecutors say, then HPD narcotics officer Gerald Goines, lied to secure that deadly no-knock warrant at the Harding Street home of Rhogena Nicholas and Dennis Tuttle.
It's for their deaths that Goines was found guilty of two counts of felony murder. Four officers were also shot, including Goines. Officer Cedell Lovings was left paralyzed.
HPD Sgt. Bass, the first witness called to the stand in the sentencing phase, says Goines had heroin from a different bust booked into evidence, claiming it was from Harding Street.
Bass also testified he uncovered years of misconduct by Goines.
Bass says Goines mostly made arrests in Third Ward and says several of Goines requests for warrants all sounded the same, saying a Black male with a gun sold crack or marijuana to his Confidential Informant (C.I.) and claiming to have had the homes under investigation for two to four weeks. One warrant listed a Black male paraplegic.
Bass says he found Goines was often not investigating nor having a C.I. buy drugs from the houses before bursting in with a team of heavily armed narcotics officers.
"That is going to be evidence that the jury can weigh in on, deciding what's the appropriate punishment here. I expect he's going to get a pretty stiff sentence," says FOX 26 Legal Analyst Chris Tritico.
One of Goines' former confidential informants testified on Thursday saying she would often sign a blank C.I. form and get paid by Goines for her signature, rather than for making a drug buy.
Goines' attorneys argued the people prosecutors pointed out who were arrested after Goines "falsely obtained search warrants" were many times repeat offenders who had been arrested on drug charges by other officers previously.
So many of Goines' previously executed search warrants that were read in court listed "Black males," that Goines' defense attorney clarified with the C.I., who took the stand asking her, "Did (Gerald Goines) tell you to target Black people?" and she answered, "No." And he followed up, "The people you knew who were selling drugs just happened to be Black?" And the informant answered, "Yes sir."
While Bass was still on the stand, he told jurors Goines had an inappropriate relationship with a detective in HPD's Special Investigation Unit and with one of his own Confidential Informants. Surveillance pictures from the woman's home camera system of Goines at her home a couple of times after midnight were shown to jurors.
Investigators also testified that after Harding Street, $1,300 in cash, heroin, baggies of drugs, pill bottles, some with someone else's name and a drug pipe were found in Goines' vehicle. The detectives say typically seized money, drugs, and paraphernalia are immediately turned in as evidence.
Defense attorneys say it isn't unusual to find narcotics officers in possession of some of these things.
Prosecutors point out many of these warrants Goines obtained through giving false information were executed in the evening when Goines received overtime pay. Some of those previously arrested by Goines are expected to testify.
"It was a never-ending battle trying to fight the case because they didn't want to hear anything I had to say. They were believing everything Gerald Goines had to say...It was just an uphill battle trying to get my name cleared. I was just finally so warn out. I was out of money...I'm suing because the pain and suffering of not being able to get a job with a felony on my name. Not a lot of electrician companies hire people with felonies on their record," adds Ybarra, who is sitting in on the trial but isn't testifying.
This punishment phase of the trial is expected to be in recess for a few days and resume Wednesday on Goines' 60th birthday.