Houston Chronicle

Families of Harding Street victims sue city, police officers.

Federal lawsuits filed in Harding Street raid name the city, current and former officers

- By St. John Barned-Smith STAFF WRITER

Two years after police officers stormed into a home in southeast Houston, the relatives of the couple killed in the raid filed long-anticipate­d lawsuits against the city and police officers involved.

Lawyers argued that more than a dozen current and former officers violated the civil rights of Dennis Tuttle and Rhogena Nicholas by using excessive, deadly force in a fraudulent police action. And they accused city officials of continuing to stonewall efforts to obtain informatio­n.

“After two years of fighting, there's still some very basic questions that can and should be answered,” said attorney Mike Doyle, who is representi­ng Nicholas’ relatives. The suits detailed accusation­s of police misconduct before, during and after the raid, but the facts about what happened in the moments in which two people were killed and four wounded remain murky. Most of the allegation­s repeat informatio­n in criminal charges filed by Harris County District Attorney Kim Ogg and Houston Chronicle stories that first detailed reports of police misconduct.

The federal lawsuits come on the second anniversar­y of the Jan. 28, 2019, drug raid, in which officers from HPD’s Squad 15, a group of street level drug cops, executed a no-knock warrant on Tuttle’s home at 7815 Harding St.

Gunfire ensued, leading to the deaths of Tuttle and Nicholas and injuries to four officers. In the aftermath of the operation, police investigat­ors determined that Gerald Goines, the officer who led the raid, lied about buying drugs from a man at Tuttle’s home.

So far, 12 current and former officers have been indicted with crimes stemming from the investigat­ion into the raid. Two men, Goines and Felipe Gallegos, are charged with murder. Eleven current and former officers have been charged with crimes such as tampering with government records or lying to pad their overtime earnings.

Prosecutor­s said they believed as many as 150 of Goines’ cases might need to be overturned — and three people have seen their

conviction­s reversed.

After Gallegos was indicted earlier this week, his attorney described him as a “hero” and said the squad of officers had not known Goines had lied to obtain the warrant they were executing.

Doyle argued that the city of Houston and Houston police officers used “excessive, deadly force,” violating Tuttle and Nicholas’ constituti­onal rights, in a pattern of misconduct that “plays out like a scene from ‘Training Day.’ ”

Mayor Sylvester Turner defended the city’s police, saying the majority of HPD’s 5,300 officers do an “outstandin­g” job, and said the lawsuit would have to run its course.

“You cannot tarnish, you cannot stain the entire force — of any organizati­on — because of the acts of the few,” he said. “I’m very proud of the men and women of HPD.”

Acevedo declined to comment, citing the pending court fight. Houston Police Officers’ Union President Douglas Griffith questioned the timing of the lawsuit, which came days after Ogg announced indictment­s against several of the officers tied to the raid.

“It seems almost like it was planned,” he said.

At a Thursday morning news conference just east of downtown at the Talento Bilingue De Houston, Nicholas’ brother said the ordeal has taken a toll on his aging mother.

“Chief Acevedo keeps saying we had a reason to be there. It's taken you two years to find that reason? My mother would like to know,” he said. “We won't quit til we get answers. If we get an answer in one day, or 10 years from now, my mother said she will live til she gets the answers.”

Doyle said the litigation came after two years of efforts by the family to get informatio­n about the raid, but police officials didn’t answer basic questions, blocked records requests, and fought other efforts (such as hearings in probate court) to obtain additional details.

“I don't think anybody feels uncomforta­ble calling it at this point a cover-up,” he said, “Chief Art Acevedo today could release this ballistics informatio­n. He could release the facts, the physical evidence. He can do it today. And if he won't do it, the mayor could do it.”

 ?? Marie D. De Jesús / Staff photograph­er ?? John Nicholas, brother of Rhogena Nicholas who was killed in a botched drug raid two years ago, pauses while answering questions from the media Thursday in Houston. The families filed two lawsuits Wednesday night in federal court.
Marie D. De Jesús / Staff photograph­er John Nicholas, brother of Rhogena Nicholas who was killed in a botched drug raid two years ago, pauses while answering questions from the media Thursday in Houston. The families filed two lawsuits Wednesday night in federal court.
 ?? Marie D. De Jesús / Staff photograph­er ?? Attorney Mike Doyle, who is representi­ng Rhogena Nicholas’ relatives, says many basic questions remain about the night of Jan. 28, 2019, when she and Dennis Tuttle were killed in a botched Houston Police Department drug raid at their home on Harding Street.
Marie D. De Jesús / Staff photograph­er Attorney Mike Doyle, who is representi­ng Rhogena Nicholas’ relatives, says many basic questions remain about the night of Jan. 28, 2019, when she and Dennis Tuttle were killed in a botched Houston Police Department drug raid at their home on Harding Street.

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