Ex-officer's lies led to couple's death in Houston drug raid, prosecutor tells jurors

HOUSTON (AP) — A former Houston police officer is responsible for the 2019 deaths of a couple during a raid of their home because his lies on a search warrant wrongly portrayed them as dangerous drug dealers, a prosecutor told jurors on Monday.

An attorney for the former officer, Gerald Goines, admitted her client lied to get the search warrant but said his actions do not merit a murder conviction, and placed the blame for the deaths on the couple.

Goines is charged with two counts of murder in the January 2019 deaths of Dennis Tuttle, 59, and his 58-year-old wife Rhogena Nicholas. Goines has pleaded not guilty.

The couple, along with their dog, were killed after officers burst into their home using a “no-knock” warrant that didn’t require them to announce themselves before entering. Goines secured the warrant from a judge.

During opening statements in the trial, prosecutor Keaton Forcht told jurors that Goines, 59, had lied to get the warrant by falsely claiming that an informant had bought heroin at the couple’s home from a man with a gun. Goines would later change his story to claim he had bought the drugs himself but authorities say that was also a lie.

Forcht said authorities were first directed to investigate Tuttle and Nicholas after a neighbor falsely claimed on 911 calls that her daughter was being given heroin by the couple at their home. The neighbor was later convicted in federal court for those false claims.

“It’s based on lie after lie after lie,” said Forcht, with the Harris County District Attorney's Office.

Authorities found no evidence that Goines, with the narcotics unit, had investigated the neighbor’s claims, sent an informant to buy drugs or had himself gone to the home, Forcht said.

Goines created an environment “clearly dangerous to human life” by claiming the “no-knock” warrant was needed because officers would be in serious danger from the couple, Forcht said. Investigators later said they only found small amounts of marijuana and cocaine in the house.

Forcht said officers immediately fired their guns upon entering the home. Nicholas, who had cancer, had been sitting on her couch watching television while her husband was asleep in a bedroom, he said.

“But for the actions of Gerald Goines, those two homeowners would still be alive,” Forcht said.

The prosecution’s first witness, Sarah Sanchez, a neighbor and friend, portrayed the couple as people who mainly kept to themselves, had various health problems, lived on a fixed income and loved their dogs.

Goines’ lawyer, Nicole DeBorde, admitted to jurors that her client had lied to obtain the search warrant but, she said, prosecutors had overcharged him for his actions.

“He didn’t murder anybody. He is not legally responsible for murder,” DeBorde said. “This is the case of the wrong charges being filed. There are other consequences for him.”

DeBorde said Nicholas and Tuttle were responsible for their own deaths. Tuttle fired at officers who had identified themselves after coming in, wounding four of them, she said. A fifth officer was also injured during the raid.

“Nicholas’ choices to not respond to instructions by police and to try and grab the gun of a fallen officer is the cause of her death,” DeBorde said.

During afternoon testimony, Goines’ lawyers suggested that the couple were aware that it was police officers who had entered their home because they identified themselves as such and wore tactical gear that bore the word “police.”

Forcht said Tuttle might not have been focused on or been able to read the shirt of the person who had entered his home and fatally shot his wife and dog.

DeBorde has accused prosecutors of generating excess publicity in the case, preventing Goines from getting a fair trial.

If convicted, Goines faces up to life in prison.

Testimony in the trial was to resume Tuesday.

Michael Wynne, a Houston-based criminal defense attorney and former prosecutor not connected to the case, said Goines will have too many hurdles to overcome during his trial.

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

The probe into the drug raid also uncovered allegations of systemic corruption.

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

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

The Texas Court of Criminal Appeals has overturned at least 22 convictions linked to Goines, who also faces federal charges.

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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Retired Houston Police Department officer Gerald Goines, right, goes back to the 482nd District Court after a brief break Monday, Sept. 9, 2024, at the Harris County Criminal Courthouse in Houston. Goines was on trial on two felony murder charges in the January 2019 deaths of Dennis Tuttle and Rhogena Nicholas. (Yi-Chin Lee/Houston Chronicle via AP)

Retired Houston Police Department officer Gerald Goines is photographed during the opening statement of his two felony murder charges in the January 2019 deaths of Dennis Tuttle and Rhogena Nicholas at the 482nd District Court Monday, Sept. 9, 2024, at the Harris County Criminal Courthouse in Houston. (Yi-Chin Lee/Houston Chronicle via AP)

Judge Veronica M. Nelson listens to prosecutors Keaton Forcht delivering opening statement for the trial of retired Houston Police Department officer Gerald Goines at the 482nd District Court Monday, Sept. 9, 2024, at the Harris County Criminal Courthouse in Houston. Goines was on trial for two felony murder charges in the January 2019 deaths of Dennis Tuttle and Rhogena Nicholas. (Yi-Chin Lee/Houston Chronicle via AP)

Retired Houston Police Department officer Gerald Goines looks on during the opening statement of his two felony murder charges in the January 2019 deaths of Dennis Tuttle and Rhogena Nicholas, Monday, Sept. 9, 2024, at Harris County Criminal Courthouse in Houston. (Yi-Chin Lee/Houston Chronicle via AP)

Retired Houston Police Department officer Gerald Goines is photographed during the opening statement of his two felony murder charges in the January 2019 deaths of Dennis Tuttle and Rhogena Nicholas, Monday, Sept. 9, 2024, at Harris County Criminal Courthouse in Houston. (Yi-Chin Lee/Houston Chronicle via AP)

Prosecutors Keaton Forcht tells the jury that retired Houston Police Department officer Gerald Goines was one of four police officers that were shot during the Harding Street Raid as during his opening statement of the murder trial of Goines, Monday, Sept. 9, 2024, at Harris County Criminal Courthouse in Houston. Goines was on trial for two felony murder charges in the January 2019 deaths of Dennis Tuttle and Rhogena Nicholas. (Yi-Chin Lee/Houston Chronicle via AP)

Retired Houston Police Department officer Gerald Goines, center, and his defense team arrive at 482nd District Court for his trial on two felony murder charges in the January 2019 deaths of Dennis Tuttle and Rhogena Nicholas, Monday, Sept. 9, 2024 at Harris County Criminal Courthouse in Houston. (Yi-Chin Lee/Houston Chronicle via AP)

Retired Houston Police Department officer Gerald Goines appears at 482nd District Court for his trial on two felony murder charges in the January 2019 deaths of Dennis Tuttle and Rhogena Nicholas Monday, Sept. 9, 2024 at Harris County Criminal Courthouse in Houston. (Yi-Chin Lee/Houston Chronicle via AP)

Retired Houston Police Department officer Gerald Goines, center, and his defense team arrive at 482nd District Court for his trial on two felony murder charges in the January 2019 deaths of Dennis Tuttle and Rhogena Nicholas Monday, Sept. 9, 2024 at Harris County Criminal Courthouse in Houston. (Yi-Chin Lee/Houston Chronicle via AP)

Family members of Dennis Tuttle and Rhogena Nicholas bring a photograph of the couple to the trial of retired Houston Police Department officer Gerald Goines Monday, Sept. 9, 2024 at Harris County Criminal Courthouse in Houston. Goines' trial on two felony murder charges in the January 2019 deaths of Tuttle and Nicholas began Monday. (Yi-Chin Lee/Houston Chronicle via AP)

Defense attorney Nicole DeBorde Hochglaube puts her hands up as she tells the jury that Rhogena Nicholas was shot and killed by Houston police officers because she didn't listen to their command and didn't raise her hands when the officers entered her house during the opening statement at Monday, Sept. 9, 2024, at Harris County Criminal Courthouse in Houston. Retired HPD officer Gerald Goines was on trial for two felony murder charges in the January 2019 deaths of Dennis Tuttle and Nicholas during the Harding Street Raid. (Yi-Chin Lee/Houston Chronicle via AP)

Retired Houston Police Department officer Gerald Goines adjusts his tie as his defense attorney is wrapping up the opening statement for his two felony murder charges in the January 2019 deaths of Dennis Tuttle and Rhogena Nicholas at the 482nd District Court Monday, Sept. 9, 2024 at Harris County Criminal Courthouse in Houston. (Yi-Chin Lee/Houston Chronicle via AP)

Family members of Dennis Tuttle and Rhogena Nicholas bring a photograph of the couple to the trial of retired Houston Police Department officer Gerald Goines Monday, Sept. 9, 2024 at Harris County Criminal Courthouse in Houston. Goines' trial on two felony murder charges in the January 2019 deaths of Tuttle and Nicholas began Monday. (Yi-Chin Lee/Houston Chronicle via AP)

Retired Houston Police Department officer Gerald Goines, center, listens to the prosecutor reading his two felony murder charges in the January 2019 deaths of Dennis Tuttle and Rhogena Nicholas, Monday, Sept. 9, 2024, at Harris County Criminal Courthouse in Houston. (Yi-Chin Lee/Houston Chronicle via AP)

FILE - Retired Houston Police Department officer Gerald Goines, center, leaves court at Harris County Criminal Courts at Law, March 26, 2024, in Houston. (Yi-Chin Lee/Houston Chronicle via AP, File)/Houston Chronicle via AP)

ATLANTA (AP) — Freddie Freeman hit a three-run homer against his former team and the Los Angeles Dodgers beat Atlanta 9-0 on Monday night, dropping the Braves out of a playoff position.

Shohei Ohtani was 0 for 4 with a walk and a pair of run-scoring grounders that increased his RBIs total to 108. He did not hit a home run or steal a base during the series, remaining at 47 home runs and 48 steals as he tries to become the first 50-50 player.

Yoshinobu Yamamoto allowed four hits and two walks in four innings, throwing 72 pitches in his second start since returning from a right arm injury — up from 59 on Sept. 10. The Dodgers extended their scoreless streak to 15 innings and pitched their 13th shutout.

NL West-leading Los Angeles (89-61) began the night 3 1/2 games behind second place San Diego. The Dodgers scored nine runs on just four hits for the second time since 1906: The other was on June 4, 2021, also at Atlanta. After losing the first two games of the series by a combined 16-3, the Dodgers outscored the Braves 18-2 over the last two.

Atlanta (81-69) dropped one game behind the New York Mets (82-68) for the NL's third wild card spot. The Braves were 0 for 12 with runners in scoring position, including 0 for 10 against Yamamoto.

Los Angeles took advantage of seven walks, a hit batter and a wild pitch. Miguel Rojas was 1 for 1 with two walks and three runs scored.

Max Fried (9-10) gave up three runs and two hits in six innings

Fried threw a run-scoring wild pitch in the first after Rojas walked, advanced on a grounder and stole third. Rojas' run-scoring single and Ohtani's RBI grounder boosted the lead to 3-0 in the fifth.

Freeman capped a six-run seventh with his 22nd homer after Ohtani, Mookie Betts and Teoscar Hernández drove in runs.

UP NEXT

Dodgers: RHP Bobby Miller (2-4, 8.17) will open a three-game series in Miami on Tuesday night against Marlins RHP Darren McCaughan (0-0, 7.06), starting a stretch of six games against last-place teams.

Braves: Rookie RHP Grant Holmes (2-1, 3.49) faces Reds LHP Brandon Williamson (0-0, 2.08) to start a three-game series at Cincinnati on Tuesday night.

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Los Angeles Dodgers' Shohei Ohtani watches a pitch go by called strike in the first inning of a baseball game against the Atlanta Braves, Monday, Sept. 16, 2024, in Atlanta. (AP Photo/Jason Allen)

Los Angeles Dodgers' Shohei Ohtani, left, tags second base before Atlanta Braves shortstop Orlando Arcia, right, can get the ball in the seventh inning of a baseball game, Monday, Sept. 16, 2024, in Atlanta. (AP Photo/Jason Allen)

Los Angeles Dodgers two-way player Shohei Ohtani checks the scoreboard from the dugout in the third inning of a baseball game against the Atlanta Braves, Monday, Sept. 16, 2024, in Atlanta. (AP Photo/Jason Allen)

Los Angeles Dodgers' Shohei Ohtani watches the scoreboard before his turn at bat in the first inning of a baseball game against the Atlanta Braves, Monday, Sept. 16, 2024, in Atlanta. (AP Photo/Jason Allen)

Los Angeles Dodgers' Shohei Ohtani (17) celebrates in the dugout after Freddie Freeman hit a three-run home run in the seventh inning of a baseball game against the Atlanta Braves, Monday, Sept. 16, 2024, in Atlanta. (AP Photo/Jason Allen)

Los Angeles Dodgers' Freddie Freeman swings in the fourth inning of a baseball game against the Atlanta Braves, Monday, Sept. 16, 2024, in Atlanta. (AP Photo/Jason Allen)

Los Angeles Dodgers' Freddie Freeman celebrates in the dugout after hitting three-run home run in the seventh inning of a baseball game against the Atlanta Braves, Monday, Sept. 16, 2024, in Atlanta. (AP Photo/Jason Allen)

Los Angeles Dodgers' Teoscar Hernández celebrates in the dugout after Freddie Freeman hit a three-run home run in the seventh inning of a baseball game against the Atlanta Braves, Monday, Sept. 16, 2024, in Atlanta. (AP Photo/Jason Allen)