Houston dot com. ♪
>>> A FORMER HOUSTON POLICE OFFICER ACCUSED OF MURDER.
ANOTHER FORMER OFFICER ACCUSED
OF TAMPERING WITH A GOVERNMENT
DOCUMENT.
DOCUMENT. GERALD GOINES AND STEVEN BRYANT
ARE CHARGED IN CONNECTION WITH
THE BOTCHED RAID ON HARDING
STREET THAT LEFT DENNIS TUTTLE
AND RHOGENA NICHOLAS DEAD.
HARRIS COUNTY DISTRICT ATTORNEY
KIM OGG SAID THE EVIDENCE SHOWS
POLICE NEVER SHOULD HAVE ENTERED
THAT HOME.
THAT HOME. >> TONIGHT SHE’S SITTING DOWN
WITH INVESTIGATOR MARIO DIAZ
REVEALING WHAT SHE KNOWS ABOUT
THE NO-KNOCK WARRANT THAT GOINES
GOT A JUDGE TO SIGN.
HERE’S MARIO WITH THE EXCLUSIVE.
>> 7844.
>> 7844. 7815 HARDING.
7815 HARDING. >> WE DIDN’T NEED TO LIE.
WE COULD HAVE DONE THIS RIGHT.
>> WE HAVE MULTIPLE OFFICERS
SHOT.
SHOT. MULTIPLE OFFICERS SHOT.
>> WHEN SOMEBODY LIES TO OBTAIN
A SEARCH WARRANT, THAT’S A
PROBLEM.
PROBLEM. >> WE HAVE THE HOUSE -- WE STILL
HAVE OFFICERS INSIDE.
>> YOU DON’T GET TO LIE ON A --
TO THE COURT.
>> I STAND BY THAT.
WE HAD PROBABLE CAUSE TO BE
THERE.
THERE. >> OUR GOVERNMENT SHOULD NOT
HAVE INTERVENED IN THAT HOME.
AND TWO PEOPLE ARE DEAD AS A
RESULT.
RESULT. YES, I BELIEVE THAT THE VICTIMS’
FAMILIES ARE OWED JUSTICE.
>> Reporter: HARRIS COUNTY
DISTRICT ATTORNEY KIM OGG ON THE
RECORD IN THE DEADLY HARDING
STREET RAID SCANDAL SAYING HER
OFFICE WILL PURSUE JUSTICE FOR
DENNIS TUTLE AND RHOGENA
NICHOLAS AND WHAT SHE CALLED AN
UNPRECEDENTED SEARCH FOR THE
TRUTH.
TRUTH. >> I’VE NOT SEEN A CASE LIKE
THIS IN MY 30 PLUS YEARS OF
PRACTICING LAW.
PRACTICING LAW. >> Reporter: THAT WAS OGG LAST
FRIDAY AFTER ANNOUNCING CRIMINAL
CHARGES AGAINST THE NARCOTICS
OFFICER AT THE HEART OF THE
RAID.
RAID. >> TODAY WE CHARGED GERALD
GOINES WITH TWO COUNTS OF FELONY
MURDER.
MURDER. >> Reporter: FELONY MURDER
CHARGES AGAINST A NOW RETIRED
HOUSTON POLICE DEPARTMENT
NARCOTICS OFFICER.
NARCOTICS OFFICER. A MOVE YOU DON’T SEE OFTEN.
>> IT’S ACTUALLY VERY RARE.
>> Reporter: PHIL IS A FORMER
POLICE OFFICER AND CURRENT YOULY
A CRIM NEW ORLEANS WITH THE
POLICE INTEGRITY RESEARCH GROUP
IN OHIO.
IN OHIO. >> THE FACT OF THE MATTER IS,
THE POLICE GENERALLY ARE THE
GOOD GUYS AND WE DON’T LIKE TO
THINK OF POLICE OFFICERS AS
BEING CRIMINALS.
BEING CRIMINALS. >> Reporter: ACCORDING TO DATA
FROM STINTON’S GROUP, SINCE
2005, 107 POLICE OFFICERS HAVE
BEEN ARRESTED FOR MURDER OR
MANSLAUGHTER IN A CASE WHERE THE
OFFICER SHOT AND KILLED SOMEONE.
BUT THE HARDING STREET CASE
STANDS OUT EVEN MORE SO SINCE
GERALD GOINES DID NOT FIRE THE
DEADLY SHOT.
DEADLY SHOT. >> MEMBERS OF GOINES’ OWN SQUAD
SHOT AND KILLED ROW -- ROW
DWEEBAES, 10 -- RHOGENA
NICHOLAS, DENNIS TUTTLE, AND
THEIR DOG.
THEIR DOG. >> Reporter: ONLY A HANDLEFUL OF
OFFICERS HAVE FACED SIMILAR
CHARGES AND OUT OF THE 107 CASES
SINCE 2005, ONLY FOUR OFFICERS
HAVE BEEN CONVICTED.
>> THESE ARE NOT EASY CASES FOR
PROSECUTORS TO OBTAIN
CONVICTIONS, BUT IT’S MORE
LIKELY THE CONVICTION WOULD BE
OBTAINED GIVEN THE NATURE OF THE
CHARGE OF -- IN THIS CASE.
>> Reporter: HARRIS COUNTY
PROSECUTORS CONTINUED TO BUILD
THEIR CASE WITH THE KEY QUESTION
OF MOTIVE STILL UNCLEAR.
THIS SAID, CHIEF ART ACEVEDO
WILL NOT BACK DOWN FROM HIS
ASSERTION THAT OFFICERS HAD A
RIGHT TO ENTER THE HARDING
STREET HOME.
STREET HOME. THIS IS WHAT HE SAID IN
FEBRUARY.
FEBRUARY. >> IT’S REALLY IMPORTANT TO
REALIZE WE STILL HAD A REASON TO
BE AT THAT HOME.
WE SHOULD NOT DRAW FINAL
CONCLUSIONS AS DISTURBING AS IT
IS UNTIL WE UNCOVER EVERY SINGLE
INVESTIGATIVE LEAD.
INVESTIGATIVE LEAD. >> Reporter: CHIEF, YOU
INDICATED YOU HAD REASON TO BE
AT THAT HOME.
THERE APPEARS TO BE MOW REASON
LISTED IN THIS AFFIDAVIT.
>> THAT AFFIDAVIT IS ONE PIECE
OF A VERY COMPREHENSIVE
INVESTIGATION.
INVESTIGATION. >> Reporter: WE ASKED HIM AGAIN
LAST FRIDAY.
LAST FRIDAY. HOURS AFTER THE MURDER CHARGES
WERE FILED.
WERE FILED. >> I STAND BY THAT.
WE HAD PROBABLE CAUSE TO BE
THERE.
THERE. >> I WILL TELL YOU AT THIS TIME,
THE PROBABLE CAUSE THAT WAS USED
TO OBTAIN THE SEARCH WARRANT WAS
FALSE.
FALSE. >> Reporter: SHOULD THEY HAVE
BEEN IN THE HOME?
>> NOT BASED ON THE WARRANT THEY
HAD.
HAD. >> Reporter: BUT JUST MINUTES
AFTER MAKING HIS POSITION ON
PROBABLE CAUSE QUITE CLEAR, THE
CHIEF ALSO ACKNOWLEDGED
DISHONESTY TO THE COURT WILL
RUIN A CASE.
>> YOU JUST DON’T GET TO LIE TO
THE COURT.
THE COURT. YOU DON’T GET TO LIE IN COURT
DOCUMENTS.
DOCUMENTS. IT THROWS EVERYTHING IT.
>> THEY HAD A WARRANT THAT WAS
BASED ON FALSE INFORMATION.
AND SO THE FORCED ENTRY INTO
THAT HOME WAS BASED ON A LIE.
>> Reporter: DISTRICT ATTORNEY
KIM OGG TEST ME SHE EXPECTS A
JURY TRIALS FOR THE OFFICERS.
OGG SAYS SHE CANNOT IMAGINE HER
OFFICE MAKING A PLEA OFFER THAT
EITHER GOINES OR BRYANT WILL
TAKE.
TAKE. DOMINIQUE AND KEITH, OGG ALSO
ADDS, HPD HAS WORKED VERY HARD
TO INVESTIGATE ITS OWN OFFICERS.
>> MARIO, STILL SO MANY MAJOR
QUESTIONS THAT NEED TO BE
ANSWERED.
ANSWERED. WHAT’S THE NEXT STEP IN THIS
CASE?
CASE? >> FROM THE STATE PERSPECTIVE,
THE D.A.’S OFFICE, THEY PLAN TO
GO TO THE GRAND JURY NEXT WITH
REGARDS TO FACTS ON THIS CASE.
LET’S NOT FORGET THE DEPARTMENT
OF JUSTICE HAS ITS OWN
INVESTIGATION, ONGOING AS WELL.
FEDERAL TESTIMONY HAS BEEN
PROVIDED TO A GRAND JURY IN THAT
CASE.
CASE. THAT GOT UNDERWAY LAST MONTH.