U.S.A. –-(Ammoland.com)- The Federal investigation into the no-knock raid on 1815 Harding Street in Houston Texas, on January 28th, 2019, where the married couple, Dennis Tuttle and Rhogena Nicholas were killed in their home, has resulted in indictments and arrests for three people. Those three are former officers Gerald M. Goines, 55, Seven M. Bryant, 46, and neighbor Patricia Ann Garcia, 53.
There were many suspicious facts about the raid that raised red flags from the start. Initially, the Houston Police Department, Police Chief Acevedo, and the Houston Police Officer’s Union circled the wagons and insisted the raid was legitimate.
In August, the Harris County Prosecutor Charged Goines and Bryant with crimes. They were arrested and released on bond. Now, both have been charged and arrested on the federal charges, and the neighbor across the street, Patricia Ann Garcia, has been arrested on federal charges. From justice.gov:
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. The indictment was unsealed this morning as authorities took all three into custody. They are expected to make their initial appearances before U.S. Magistrate Judge Dena H. Palermo at 2 p.m. central time.
Former officer Goines is charged with two counts of depriving victims of their Constitutional rights against unreasonable searches. According to HPD Chief Alcevdo, the charges are under Title 18 U.S.C. 242, deprivation of rights under color of authority.
Both Goines and former officer Bryant are also charged with obstructing justice by falsifying records; Goines for false statements in his offense report and tactical plan connected with the search warrant, and Bryant for false statements in a supplemental report, after the raid was conducted. There are three more obstruction charges against Goines for statements after the raid. Goines faces sentences of 20 years to life. Bryant faces up to 20 years on the falsification of records charge.
Garcia is charged with conveying false information. Cheif Alcevedo says she was the neighbor across the street from 7815 Harding Street.
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.
In Cheif Acevedo’s statement, he says Garcia was charged with Title 18 U.S.C. § 1018, but I find the maximum sentence for that section is one year in prison. The press release from the DOJ, Southern District of Texas, says she faces a five year maximum sentence. The charge may be Conveying False Information with Malicious Conduct, which has a maximum sentence of five years in prison, under 18 U.S.C. § 2292.
The arrest warrants were issued in the Southern District of Texas on 14 November, 2019, according the Chief Acevedo. Goines and Garcia were arrested in Harris County, Texas. Former Officer Bryant was arrested in Fort Bend County, Texas. Garcia was arrested at 7812 Harding Street, according to Chief Alcevedo.
Alcevedo mentioned all three arrestees were transported to the FBI field office in Houston.
Police Chief Alcevedo held a press conference shortly after the arrests were announced. His spin was considerably different from previous press conferences. In this press conference, he claims the investigation by HPD into Goines, Bryant, and Garcia all started mere days after the incident. But the HPD did not initiate charges or arrests of these individuals. In fact, it appeared the HPD disapproved of the charges and arrests by the Harris County prosecutor earlier this year. Now Chief Acevedo is attempting to take credit for the FBI charges and arrests.
Chief Acevedo now says “…today is another step in that journey towards justice and the journey to justice for the deceased individuals, Ms Regina and Mr. Tuttle.”
Later, he says:
“Our number one responsibility is to the Tuttle’s, the Tuttle family, Regina and her family, and the officers who went to execute what they believed to be a lawfully obtained search warrant based on factual information provided by the case agent, .”
This is a considerable difference in attitude from Chief Acevedo’s comments a few months ago. In May, according to Reason, Acevedo was still blaming the Tuttles for the raid.
Although Police Chief Art Acevedo has said the affidavit for the search warrant was falsified, he continues to defend the investigation that led to the raid, citing a January 8 call from an unnamed woman who reported that her daughter was using drugs at the house and described Tuttle and Nicholas as armed and dangerous drug dealers. Acevedo also said neighbors had thanked police for raiding the couple’s home, which he said was locally notorious as a “drug house” and a “problem location.”
Speculation: Might this be related to the Federal indictments, the families independent investigation, and the lawsuit by the family?
In the latest press conference, Chief Avecedo admits that most (more than half) homes in Texas are likely to have guns.
“..most houses, I would say a greater number, you would find firearms than not.”
This undercuts the idea the mere presence of firearms is sufficient to justify a no-knock raid. It also emphasizes a loose end in the investigation former officer Goines. From khou.com:
Goines swore in search warrant affidavits that “knocking and announcing would be dangerous, futile,” because he claimed a confidential informant had seen a gun inside. Those claims led judges to grant no-knock warrants, which accounted for 96 percent of all the search warrants he filed in the last seven years, a KHOU 11 Investigation has found.
But in every one of the more than 100 drug cases based off those warrants, there’s no record of Goines ever seizing a gun after executing a no-knock search warrant.
HPD deserves some credit. They interviewed and taped then officer Goines in the hospital. The interview video and written replies were critical in unraveling the lies which were used to build the case for the warrant.
I suspect there are ongoing federal and Harris county investigations about what happened to the guns that were *not found* in the 100 drug cases based on Goines’ no-knock warrants. The idea that *no* guns were found is absurd.
There were numerous rumors floated over the past 10 months that it was Regina’s mother who called the police. This was predicated on the caller complaining that her “daughter” was doing drugs at 7815 Harding Street.
The caller was no relation to the Tuttles. She only lived across the street. The “daughter” in the house never existed, except as a fabrication. As there was no other woman in the house, people concluded Regina was the non-existent daughter.
It is now understood 7815 Harding Street was the targeted address for the raid. Early speculation of a mix-up with another address (7815 Hardy Street) was not correct. The police did not mix up the addresses. Chief Acevedo did not help when he mixed up “Hardy” and “Harding” in early reports.
There is an unresolved ambiguity about how the .357 revolver was not included in the initial inventory at the scene, then showed up later.
One advantage of our litigious society is pressure can be exerted in cases such as this.
The deaths of innocents and wounding of officers could have been entirely prevented, if the warrant had been presented in a reasonable manner. No-knock warrants are controlled much more tightly now, according to Chief Acevedo. No-knock warrants should be exceedingly rare in the United States.
A question for readers to consider: Houston is a heavily Democrat city. Would the federal investigation of the Harding Street no-knock raid have occurred if Hillary Clinton were President?
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
The whole department has precluded themselves from enforcing any kind of law. From top down it’s made itself illegitimate. Shut the whole kit and kaboodle down and start over. The people of Huston are being defrauded every moment Chief Avecedo continues to wear a badge. The absence of legitimate law enforcement in this sad situation is case in point of why citizens right to keep and bear arms shall not be infringed. It’s that simple.
Left Wing Democrat Houston Police Department Chief Art Acevedo should be investigated by the FBI too. Sounds like he’s been a police criminal cover-up man for a long time. “No-knock warrants are controlled much more tightly now, according to Chief Acevedo.” Chief police criminal cover-up man Acevedo, one year from now and it will be back to business with your “No Knock Warrants”.
@OV, Yes, if judges have any political opinion at all, they should not be judges.
I agree acevedo should be investigated. things do not happen in an organization without the top knowing what is going on unless they do not care, which is also a problem. he is known as an anti-2A advocate. he should not have a badge.
First they blame the victims, then they blame the fake 911 caller like a child saying, “but she told me to do it!” Embarrassing and horrifying at the same time. Hopefully the charges stick and the standing army that police departments have become will have this on their mind the next time they are suiting up and high-fiving each other before they invade a citizens home.
Why weren’t the enabling judges charged for repeatedly granting bullshit no-knock warrants? Hopefully that is next.
The only reason for ANY no knock SWAT raids is to frighten the citizenry with these tyrannical tactics. They could have grabbed David Koresh when he was out jogging. Randy Weaver had placed himself under house arrest. Geezzz…
Well it’s about f##king time. Now let’s hope they either get life or the death penalty under 18USC242, as provided for by statute: “…and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.” This needs to be aggressively used in every state of the union for… Read more »
ABSOLUTELY!!!
Both officers could (and should) have been charged under Texas Penal Code § 19.02(b)(3). A person commits murder if he “commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.” Perjury on the application for the warrant is the underlying “felony other than manslaughter” the No Knock Raid is then the “act clearly dangerous to human life that… Read more »
State statutes are all good and well, but as we all know, all too often state enforcers (I won’t call them LAW enforcement because that’s not what they’re doing) get away with murder LITERALLY year after year. Largely it’s because the state’s enforcement agencies and prosecutors are highly reticent to go after one of “their own” for ANY reason!! Federal prosecution trumps the state, so there’s no possibility of states absolving themselves of the evil they do. That’s why I say we should be making more frequent use of 18USC242 and related statutes. No one, not even a purported lawman,… Read more »
A mistake this big should never have happened in America, especially Texas. Police chiefs and sheriffs should not be politicians. Police departments should not be private armies. Recreational drug use should not be international business.
Think in terms of ND vs AD. This was no ‘mistake’. For some reason the guilty officers deliberately set out to target this couple and engaged in seriously illegal activities in order to instigate the raid. After the victims attempted to defend themselves the police union and department both poured it on in accusations against the victims. Even during initial period when I still assumed there was some substance ‘justifying’ the raid – I was disgusted by the HPD press conference, particularly their attacks not just on the victims but on anyone who questions justifications for any cop activities. The… Read more »
Austin is the liberal capital of Texas with more than it’s share of “fruits & nuts” and Houston is a cesspool of political corruption and money controlled by local crooked politicians and their equally crooked appointees (police chief).
It’s a MINI DEM HELL.
All three of them need to fry. (I know we don’t fry them anymore; but they should!)
@OV and required the MSM to televise it.
@OV, I dunno. Probably not. I know that I’d be generally more polite. We could take a poll after we try it!
I like that one. When one ponders what it would take to stop a bull in three seconds (not just change his mind, but STOP him……) and then realises one does NOT have that means ready to hand, perhaps a different way of passing the time would be selected. That would be a very “natural” selection, method, would it not?
Falls under cruel and unusual of the Constitution.Sorry…LOL!
@CL, It is only unusual if it is not usually done. That is easy to overcome. Cruel? It is like making venison sausage! LOL
a definite feature. certainly not a bug.
@OV – Approach should depend on your goal. If goal is torture to scare off others – method differs from if you just want to remove them in order to protect society (like shooting a rabid dog). Personally I oppose spending all the money for extended death penalty cases. With perps like this, just toss them into general pop & let the inmates sort it out. The ex-cops will likely have lots of new “boy friends” in short order – and likely perish well before any death penalty case appeals would be completed. Both strong deterrent and speedy resolution –… Read more »
Firing squads are still effective means of execution. It is also fair and just, as firearms is the means their victims endured as they were slaughtered. Perhaps of dirty coppers KNEW they could face a hail of bullets themselves, theyd not be so eager to dispense those little lead pills.
Corruption is a curious thing: it starts small, and if not quickly excised from the cherished part of the fruit, can make the whole thing rotten in a very short time. (See Chief Acevedo of the Houston Police Department.) For those with badges who are sworn to uphold, it all starts with just one errant thought as you muddle through a case that you want to win at any cost, if but for its glory or its promises, and then snowballs from there into a tangled web that not even the fly can escape from. I have always held that… Read more »
You are right about corruption starting small and growing. And you are right that this kind of corruption often starts with a frustrated officer determined to make a case against someone he “knows” is guilty but he just can’t get valid evidence without a warrant and can’t get the warrant without evidence to support probable cause. BUT you underestimate the size of the problem when you point at Chief Acevedo and HPD. The problem is much bigger than that. Exactly the same kinds of corruption with fake informants leading to bogus warrants and improper searches with tainted inventories is not… Read more »
I found that it was best to sometimes let things go because, due to the nature of the beast, there would be another opportunity in the near future.
Dean, thank you so very much for this update. I knew about the LEO arrests but not about the neighbor across the street, nor about the Hardy v. Harding explanation. You are performing a valuable service here.
Btw, I haven’t seen your 2019 firearms ownership update (maybe I missed it). I have yet to do my own. I only downloaded the latest reports last month and I’ve still been too lazy to finish my update.
We are all busy! I have been considering an update on firearms ownership, but other items have had higher priority.
This was without a RED FLAG law. Now, who thinks things will be better with them?
Get a rope! Time for real justice.
Houston and some county LEOs are notoriously thuggy. Not a bit surprised and it’s a wonder it hasn’t happened before (probably has). Acevedo is an avowed anti-2A liberal reject from Austin.
Houston,Dallas,San Antonio,Brownsville are all LIBTARD Progressive slime pits.
As a houstonian I am very concerned, it appears this officer had rigged cases for years and the police chief seems to be crucifying him now as though this was a one time thing. Yes I want criminals off the street but I don’t want innocent people dead or in jail because of lazy police work.
Officers with information concerning these type of lazy police practices should be discussing these with their supervisors, and supervisors should be listening it does affect the way the public perceives the group.
In this case it would appear that “corrupt” might be the best adjective.
Machine guns?,how about a BATF CHECK for NFA facts FIRST.
This is a Cluster Foxtrot from Minute ONE.
As comedienne Ron White once opined…” Here in Texas we use the death penalty. As a matter of fact, they put you on the ‘fast track!’ All ahead full!
Sounds very much like the schiff show,let’s arrest him and coherts.
Sounds to me like there is a swatting charge could be used on the neighbor across the street. I think that is what happened in Kansas didn’t it, OV? Anyway, those two people and their dog did not get much in regard to their lives when you take into account the low sentences these Nazis got.
In Chief Acevedo’s statement, he says Garcia was charged with Title 18 U.S.C. § 1018, but I find the maximum sentence for that section is one year in prison. The press release from the DOJ, Southern District of Texas, says she faces a five year maximum sentence. The charge may be Conveying False Information with Malicious Conduct, which has a maximum sentence of five years in prison, under 18 U.S.C. § 2292. Here’s what you get WITHOUT RED FLAG LAWS!!!!! The neighbor lied,and SHE is the cause of both DEATHS, and both officers going to prison. 1-5yrs is NOT ENOUGH… Read more »
This is great, bad cops arrested and a civilian for SWATting. Too bad Chief Avecedo wasn’t arrested too, isn’t he the one who threatened Dana Loesch?
Just the start of the fall-out
Let’s hope so. HPD will do their best to separate the “good” officers (those who haven’t been caught yet) from those who’ve been caught. They will of course claim that the rest of the department, particularly supervisory staff, are the epitome of integrity. We see right through that – but it’s unclear that sufficient cleanup will occur.
No (further) cleanup will occur. The only way for the dirty Chief to cover his own ass is by finding that this was an isolated instance of just two officers who ‘made a mistake’ and hid it from their supervisors. No one is going to stand up and admit that this kind of abuse was standard practice for many years and was ongoing throughout the whole department.
Next Session, I pray GOV SESSIONS signs ZERO RED FLAG crap.
If he does he’s done, and so is the AG, Patrick.(squealing like a PIG)
In reality…is there any other kind? We NEED peace officers. We need to have accountability in every jurisdiction via citizen committees that have total investigative ability into ALL police interactions where someone is harmed. It can’t be cops investigating themselves.
Where is Garcia’s picture ?
This was a case of home invasion and criminal homicide. Period.
Not making excuses for what the cops did, but if we’d get firm control of the illegal drug problem in America, the majority of problems in America would go away.
I say build a massive prison system, and fill it with illegal drug users – aka “tough love”.
The drug business is textbook supply and demand. As your next POTUS, I will imprison those who demand, and execute those who supply – MANY problems solved!
My answer to the “drug problem” has always been to seize the drugs and then lace it with a deadly agent. Then make a public announcement that there are drugs that are deadly out there and that users are playing Russian roulette when they use them. Now, of course, most people will wring their hands and whine about my solution. I don’t care. The thing is this is happening now, to a lessor degree, because of the addition of fentanyl to the drugs by the cartels. People who irresponsibly use drugs are destroying their lives and the lives of those… Read more »
Oh, you’re really brilliant! So we should just MURDER people to keep them from using drugs. And to think…you vote and reproduce. Boy humanity is heading down the toilet.
You might want to slow your roll of uploading those “drugs”. I think you’ve hit your daily limit for today. But then, maybe you’ll take some of “my drugs.” Carry on.
RoyD – obviously your drugs have fried what is left of your brain.
RoyD you are an idiot!
so you would take upon yourself the role of random blind executioner? That is the same,morally, as standing on a subway platform, taking out your Glock, closing yur eyes, and randomly firing off rounds.
95%, comes from MEXICO, if I were Trump I would have a PRIVATE SIT DOWN with the Pres of Mexico, and give him 2 options,either do a FULL BLOWN 100% wipe out of the cartels, OR THE US will send in the MILITARY to do it for them.
The wars our men and women are fighting all over Sand Country is misplaced, the REAL “ENEMIES AT THE GATE’S,are MEXICANS & CHINESE.
And I say go wash your brain out with soap. We shouldn’t be caging ANYONE for victimless “crimes”. Freedom entails eating, drinking and owning what you want. That means if I want to smoke an herb YOU don’t have the right to tell me I can’t and that means NO ONE can tell me that I can’t without violating my UNALIENABLE rights. Why is this SOOOO HARD for some of you downright authoritarian goof balls to understand???
You are correct until your actions result in a real negative impact on another person.
@Buster – So you wish to continue with what has already proven to be a failing approach? If I’m not mistaken, the only country imprisoning a percentage of their population anywhere in the neighborhood of what we do – is China. Is that really the country you wish for us to emulate? Majority of drug ODs are of opioids, most of those users were hooked on prescription drugs – prescribed to them by MDs. For many years OD deaths held steady at about 30k – a problem, the solution to which would have been fewer & lighter prescriptions – restricting… Read more »
“Your right to be outraged by what other people do to themselves – stops well before the point of killing them.” The thing is, Finnky, I am not the one putting the poison into their veins, they are. And they are doing it willingly. But you go ahead and wring your hands and whine about it. I know a few people personally who take Hydrocodone every day and one takes oxycontin every day. You wouldn’t know by interacting with them. Thing is, their meds are prescribed by a doctor and taken as directed. The people you are talking about have… Read more »
and a long time friend of mine, who has suffered TWO serious accidents not his fault, and is in constant debilitating physical pain, has elected NOT to use the prescribd opiod drugs his medical coverage will buy for him, (well aware of the long term addiction, and damage to internal organs leading to long term health issues) has elected to self-medicate with the “controlled substance” known as marijuana. He grows the plants himself, takes one but and, by a device he has developed, gently heats the bud to vapourise the active oils. He then inhales this vapour, takes it deeply… Read more »
Since your post seems aimed at me, would you point out were I have said that drug users or even suppliers should be incarcerated?
RoyD, you didn’t state you wanted to incarcerate them, you indicated you would be willing to have our government kill people by poisoning them – far worse and far more morally depraved.
Engaging in illicit activities carries with it some risk. Partake at your own risk.
Poisoning people and/or suggesting murdering people also comes with risk – arrest, prosecution and incarceration – partake at your own risk.
“Lions and tigers and bears, oh my!”
My Wife suffers from pain and her medics are being cut back on count of drug abusers. I agree with comment about cutting the medics cold turkey. My Wife can’t do hardly anything cause of so much pain and she only uses as needed. She can’t get a doctor to do surgery to try to eliminate some pain cause don’t take her insurance or may not wake up afterwards or paralyzed. She has deginative disks in back, both shoulder replacements,and forgot all else. Evil causes good innocent people not be able to get what is needed to live comfortable life.… Read more »
gcm:I know one person who had those “shots” a number of times and they did not relieve the pain. But, you had to get them to be eligible for the larger doses of pain medication. There are so many people who try to scam the system that deserving people have to suffer because of them. So, when I seem harsh when it comes to those who choose to use drugs in a recreational fashion that’s one of the reasons why.
Riddle me ONE THING: since the US Constitution makes NO provisioin for FedGov to deal in any way with what we The People do or do not put into our bodies, on WHAT BASIS do eisting Fed drug laws rest? There IS NONE. A century ago, was the use of marijuana any problem anywhere? No, of course not. It grew wild in much of America, most folks ignored it, a few used it. It was not unti;l the duPont CHemical COmpany had invented nylon, an amazing sunthetic fibre, that the cultivation of hemp became a “problem” (competition for their new… Read more »
Bluster – We already have a massive prison system filled with drug users. Sure has worked well.
Boohoo…