HOUSTON
Three people are now in custody in relation to the fatal raid that occurred in January 2019 on Harding Street in Houston, Texas, officials announced Wednesday
A federal grand jury returned the nine count indictment Nov. 14 against Gerald M. Goines, 55, and Steven M. Bryant, 46, both former Houston Police Department (HPD) officers.
Also charged is Patricia Ann Garcia, 53. All are residents of Houston.
“Prosecutors are now reviewing 14,000 cases handled by the narcotics squad involved in the raid, including 2,000 handled by one of the former officers, Gerald Goines, the Harris County district attorney, Kim Ogg, said at a news conference on Friday,” according to the New York Times
“The breach of the public trust gives us great pause in this case because our democracy depends on the public’s trust of law enforcement and their courts,” she said
The indictment was unsealed Wednesday morning as authorities took all three into custody.
They are expected to make their initial appearances before U.S. Magistrate Judge Dena H. Palermo.
(August 2019 report)
The federal indictment stems from the Jan. 28 narcotics raid HPD conducted on the 7800 block of Harding Street in Houston. The enforcement action resulted in the deaths of two residents at that location.
Rhogena Nicholas, 58, and Dennis Tuttle, 59, died during the shootout with the officers at their home.
Four narcotics squad members were injured by gunfire, including Mr. Goines.
Goines is charged with two counts of depriving the victims’ constitutional right to be secure against unreasonable searches.
The indictment alleges Goines made numerous materially false statements in the state search warrant he obtained for their residence. The execution of that warrant containing these false statements resulted in the death of the two individuals as well as injuries to four other persons, according to the indictment.
Goines and Bryant are charged with obstructing justice by falsifying records. Goines allegedly made several false statements in his tactical plan and offense report prepared in connection with that search warrant.
The indictment alleges Bryant falsely claimed in a supplemental case report he had previously assisted Goines in the Harding Street investigation.
Bryant allegedly identified a brown powdery substance (heroin) he retrieved from Goines’ vehicle as narcotics purchased from the Harding Street residence Jan. 27.
Goines is further charged with three separate counts of obstructing an official proceeding.
The federal grand jury alleges Goines falsely stated Jan. 30 that a particular confidential informant had purchased narcotics at the Harding Street location three days prior.
He also falsely stated Jan. 31 that a different confidential informant purchased narcotics at that residence that day, according to the charges. On Feb. 13, he also falsely claimed he had purchased narcotics at that residence on that day.
The indictment alleges none of these statements were true.
The charges against Garcia allege she conveyed false information by making several fake 911 calls.
Specifically, on Jan. 8, she allegedly made several calls claiming her daughter was inside the Harding Street location.
According to the indictment, Garcia added that the residents of the home were addicts and drug dealers and that they had guns – including machine guns – inside the home. The charges allege none of Garcia’s claims were true.
If convicted of the civil rights charges, Goines faces up to life in prison. Garcia faces a five-year term of imprisonment for conveying false information.
In February, the F.B.I. announced it was conducting a civil rights investigation into what happened.
“We are definitely fighting this vigorously,” Nicole DeBorde, a lawyer for Mr. Goines, said on Friday to the New York Times. “We believe him to be innocent of any criminal charge.” She maintained that the raid was legitimate but declined to elaborate.
Andy Drumheller, a lawyer for Mr. Bryant, said in an email on Friday that he was blindsided by the indictment, according to the Times.
DOJ NOTED:
The FBI is conducting the investigation. Assistant U.S. Attorneys Alamdar S. Hamdani, Arthur R. Jones and Sharad S. Khandelwal, and Special Litigation Counsel Jared Fishman of the Department of Justice’s Civil Rights Division, are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.