Harris County prosecutors sought dismissal Friday of more than two dozen criminal cases amid concerns about the credibility of two former Houston narcotics officers entangled in a botched drug raid.

The officers, Gerald Goines and Steven Bryant, remain under investigation after allegations they lied about the circumstances of the Jan. 28 drug raid that left a Houston couple dead and five officers injured.

“Truthfulness is essential in a case that must be proved beyond a reasonable doubt,” Harris County District Attorney Kim Ogg said Friday in announcing the dismissals. “We can’t vouch for these officers’ credibility.”

The raid devolved into a gunbattle after police burst into the residence at 7815 Harding St. looking for heroin. Homeowners Dennis Tuttle and his wife, Rhogena Nicholas, were killed and five officers were injured, but investigators found only a small amount of marijuana and cocaine. Family members and neighbors said the couple were not drug dealers.

The dismissals — the latest blow to the Houston Police Department’s narcotics division — are the clearest indication yet that investigators have serious concerns about the officers’ handling of cases. Prosecutors had dropped five other cases in the weeks prior to the announcement Friday that another 27 cases were being dismissed.

Goines and Bryant were relieved of duty in the weeks after the raid and both have since retired. Goines has been accused of lying to obtain a search warrant for the home; Bryant’s handling of the case is also under investigation.

Police Chief Art Acevedo praised the move, even as a top union official called it “premature.” An attorney for one of the officers discounted the severity of the dismissals, noting that Goines could not be called as a witness while being investigated.

“We at the Houston Police Department, our men and women — the vast majority are absolute professionals,” Acevedo said. “We wanted this action taken in the interest of justice and to help continue to build trust with our community. And for those might have been guilty of the crime they were accused of, I hope they use this opportunity to turn their lives around. And those who don’t, we will hold them accountable at another date.”

The raid remains under investigation by Houston police, the DA’s office, and the FBI. Prosecutors are also reviewing more than 2,200 past cases that Goines and Bryant worked on.

“Police corruption erodes public trust and through methodical, deliberate and independent investigation, we will get to the truth,” Ogg said.

Defendants ‘overjoyed’

Nakeisha Simon gasped after learning the charges against her had been dropped.

“Oh, thank God,” she said. “I’m literally in tears right now. Oh, man.”

Simon was arrested in late November. Police swarmed her car moments after she pulled into her driveway, then broke down the door to her home. The search warrant said a confidential informant tipped police that she was selling marijuana.

When officers failed to find marijuana, they charged her with possession of hydrocodone with intent to distribute, according to court records. Simon said the drugs belonged to her now ex-boyfriend, who lived at the home and had a prescription for the medications.

“When there’s something as egregious as we’ve seen from this officer, I have a lot of respect for the district attorney to dismiss all those cases, to avoid any innocent people being taken down by police misconduct,” said Larrisha Jackson, Simon’s attorney.

Craig Powell, another defendant, was arrested by Goines in September after the officer said he used a confidential informant to buy crack cocaine from him. On the search warrant return, Goines listed seizing hydrocodone tablets, marijuana, muscle relaxants, and Xanax.

Powell was charged with possession of a controlled substance with intent to distribute.

On Friday, Powell said he was “overjoyed” the charges had been dismissed — and pushed back on Goines’ accusation he was a crack dealer. He said he’s trying to start a soul food catering business.

“If you went in my neighborhood — and said my name and said I did that — they’re going to let you know, there ain’t no truth to none of that,” he said.

“Have you seen my record? I have a murder and four pistol cases,” he said. “I haven’t sold cocaine since 2009. If I caught a dope case, they would send me to the penitentiary, away from my family and away from my wife. I’m not willing to jeopardize my freedom for that.”

Court records show a 1998 murder charge, three weapons violations and several marijuana and other drug charges. Until the arrest last year by Goines, he had not been arrested since 2015.

Attorneys for other defendants said they were “grateful” for Ogg’s actions Friday.

“That’s wonderful,” said Norm Silverman, an attorney for two defendants whose cases are now set for dismissal. “And I’m hoping they maintain the same perspective when they go back and analyze the old cases.”

‘Significant harms’

Doug Griffith, vice president of the Houston Police Officers’ Union, said Ogg should wait to dismiss cases until the investigation into Goines and Bryant concluded.

“She’s saying (Goines) is guilty and nothing has been presented to her yet in regards to criminal activity or untruthfulness,” Griffith said. “If he’s done something wrong, there are laws in place to deal with that and I fully expect this DA to go heavy on it.”

Griffith said the union wants a full and complete investigation.

“I just want to truth to come out, good, bad or indifferent,” Griffith said. “ So we can fix anything that is wrong, clean up anything that needs to be, and move forward in order to maintain the public trust.”

Nicole DeBorde, Gerald Goines’ attorney, said any conclusions about the dismissals would be overblown.

“Here’s the reality: he’s under investigation, and while any officer is under investigation, he can’t testify,” she said. “I think everyone wants to read some sort of belief about him as a person, or what his character by this dismissal, but really those two things have nothing to do with each other.”

Craig B. Futterman, a University of Chicago law professor, said the dismissals were “entirely appropriate” and could signal coming indictments against the two officers.

“A good and ethical prosecutor cannot rely on the word of a known liar,” he said.

He said the case highlights the “significant harms” that arise when a police department allows unchecked abuse by failing to address officers who have been engaged in a pattern of abusive or dishonest behavior.

“There’s very little that is worse than putting an innocent person in jail or prison for something they didn’t do,” he said. “The harm to the family, loss of a father, daughter or son. The harm just accumulates.”

Reporters Gabrielle Banks and James Pinkerton contributed to this report.

st.john.smith@chron.com

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