Burley Garcia|Trial opening for former Houston officer charged with murder after deadly raid

HOUSTON (AP) — It’s been more than five years since a Houston couple were killed after officers burst into their home during a drug raid and Burley Garciaopened fire, believing they were dangerous heroin dealers.

Investigators later said they only found small amounts of marijuana and cocaine in the house in Texas and accused Gerald Goines, the officer who led January 2019 drug raid, of lying about the couple to obtain a search warrant, including making up a confidential informant who had supposedly bought drugs at the home. The probe into the drug raid also brought forth allegations of systemic corruption within the police department’s narcotics unit.

Goines, 59, was later indicted on two counts of murder in connection with the couple’s death. On Monday, opening statements were set to be held in Goines’ murder trial in a Houston courtroom.

Goines has pleaded not guilty to two felony murder counts in the deaths of Dennis Tuttle, 59, and his wife Rhogena Nicholas, 58.

Both prosecutors and Goines’ lawyers declined to comment ahead of opening statements, citing a gag order in the case.

In court documents, prosecutors with the Harris County District Attorney’s Office have criticized Goines’ efforts to overturn his indictment and delay the case. In March, a judge dismissed the murder charges against Goines. Weeks later, he was reindicted.

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“After more than five years of providing extensive discovery, attending numerous hearings and navigating various trial delays, the time for justice looms now,” prosecutors said in court documents.

Nicole DeBorde, one of Goines’ attorneys, has previously accused prosecutors of misconduct in the case. She had alleged that Harris County District Attorney Kim Ogg has generated excess publicity in the case, preventing the ex-officer from getting a fair trial.

Prosecutors allege Goines lied to obtain a search warrant by making up a confidential informant and wrongly portraying the couple as dangerous heroin dealers. That led to a deadly encounter in which officers shot and killed 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 not connected to the case, said some of the issues prosecutors will have to contend with include overcoming the benefit of the doubt that people tend to give to police officers.

But Goines will have too many hurdles to overcome, Wynne said.

“Mr. Goines has the best counsel you could possibly get,” Wynne said. “But I think they got an uphill battle here.”

A dozen officers tied to the narcotics squad that carried out the raid, including Goines, were later indicted on various other charges following a corruption probe. A judge in June dismissed charges against some of the officers.

Since the raid, prosecutors have reviewed thousands of cases handled by the narcotics unit.

Goines is also facing federal charges in connection with the case.

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

One of the other cases tied to Goines that remains under scrutiny is his 2004 drug arrest in Houston of George Floyd, whose 2020 death at the hands of a Minnesota police officer sparked a nationwide reckoning on racism in policing. A Texas board in 2022 declined a request that Floyd be granted a posthumous pardon for his drug conviction stemming from his arrest by Goines.

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