Goines ordered freed from custody
After spending Thanksgiving in federal lock-up, the former Houston police officer behind a January drug raid that left two homeowners dead was ordered released on Wednesday from federal custody.
The move comes a week after federal prosecutors argued ex-narcotics officer Gerald Goines could be a flight risk, and a magistrate judge delayed her decision on whether to keep the 55year-old former case agent in custody or let him go.
Goines is charged with witness tampering, falsifying records and violating the rights of Rhogena
Nicholas and Dennis Tuttle, the couple killed in the Jan. 28 raid on their home at 7815 Harding Street, in south Houston.
At Goines’ bond hearing last month just after his arrest by the FBI, prosecutors described “vast and growing” evidence that he fabricated an informant and then lied on a search warrant affidavit, an offense report and the tactical plan made in preparation for the fatal January bust. Prosecutors also accused Goines of repeatedly lying about casework, having sex with an informant and keeping loose drugs and a stolen gun in his car.
Goines has denied the allegations and pleaded not guilty.
The 34-year veteran of
ficer already was facing two felony murder charges in state court because the deaths occurred during the course of another alleged felony, tampering with a government record
Following this week’s ruling by Judge George Hanks, Goines could be back home Thursday morning, according to defense attorney Nicole DeBorde.
“We’re grateful that the district court took the time to carefully and thoughtfully review the motions before it and that the court decided to grant bond,” she said.
Despite the government’s objections, Hanks approved the former officer’s release on a $150,000 unsecured bond, which means that he does not have to pay money to secure his release.
“The Government presented no evidence that Goines is a flight risk apart from the severity of Goines’s potential sentence,” Hanks wrote.
But to the lawyer representing relatives of the slain couple, word of Goines’ impending release was a disappointment.
“The Nicholas family respects the court’s consideration of all the issues in making a decision to permit bail,” said attorney Mike Doyle. “However, considering the terrible crimes of which Mr. Goines is accused, the Nicholas family believes the community is safer in the ongoing investigations and better protected if he remains in jail pending trial.”
Goines and his former partner, 45-year-old Steven Bryant, were arrested at their homes Nov. 20 after agreeing to turn themselves in. Bryant has been charged in state court with tampering with a government record, an accusation that he denies.
Authorities last month also arrested Patricia Ann Garcia, who is accused of making up bad tips in a 911 call leading to the raid and shootout that killed Nicholas and Tuttle dead and five officers wounded or injured.
Goines, Bryant and other armed narcotics officers burst into the couple’s house looking for a stash of guns and a pair of heroin dealers. They had zeroed in on that address after repeated tips from a woman — now identified as Garcia — who said her daughter was in the home using drugs.
“They were not drug dealers,” FBI Special Agent O’Neil Brown told the court last week.
But, to justify the raid, Goines allegedly made up an informant he claimed bought heroin there on Jan. 27. Then, Goines signed an affidavit laying out the supposed drug purchase and illegal activity, and went to a municipal court judge to get permission for the noknock raid.
The bust quickly turned to chaos after police shot a pitbull and sparked a gunfight.
In the days that followed, an internal probe by the Houston Police Department raised questions about the officers’ justification for the search warrant. Police quickly realized they could not find the informant Goines said made the buy.