HOUSTON — On Tuesday morning, Judge Veronica Nelson quashed the two murder indictments against former Houston police officer Gerald Goines.
According to the Harris County District Attorney's Office, it's just another attempt to delay the case and referenced that Nelson's predecessor shot down similar attempts.
It's unclear what the next legal step will be after Nelson's ruling.
Why is Goines charged with murder?
There are still a lot of questions about what happened before, during and after the botched drug raid that left Dennis Tuttle and Rhogena Nicholas dead in their home on Harding Street in 2019.
Legal experts said a felony was committed during the drug raid that led to the shooting that killed Tuttle and Nicholas.
Police were acting on a tip that turned out to be invalid, which means the no-knock warrant they were serving was fraudulent, experts said. That's why they said Goines is responsible for their deaths even though he didn't pull the trigger.
Goines and four other officers were also shot but they survived.
A massive investigation discovered that dozens of defendants were sent to prison on drug charges based on what prosecutors called "lies" by "dirty cops."
Goines and five other officers were charged with 15 felonies. He also faces federal organized crime charges.
HCDAO statement
"Today’s actions were no more than another delay tactic by the defense. The Harris County District Attorney’s office is shocked and tremendously disappointed that a judge would choose to revisit this issue, knowing that her predecessor had already ruled the defendant’s position meritless. The office is considering all its options, including amending the indictment, with an eye towards trying this case as soon as possible to ensure justice for the victims of these crimes."
Defense team statement
"We are disappointed that DA Ogg would again issue a press release mischaracterizing what happened in court. The court is required to and did fairly and dispassionately consider arguments and briefing advanced by both sides in important legal issues. She called it the way she saw it based on the law after the DA’s office had every opportunity to weigh in on the issue in the courtroom. The District Attorney’s Office has insisted on pursuing a strategy in this case that is antithetical to well-established Texas and federal law. The State has advocated legal positions that are tenuous and insupportable for years now in what appears to be a quest to score points in the media as opposed to in a court of law, where a judge and a jury can carefully consider facts and evidence. We look forward to our day in court based on a charge that is not legally defective where the truth regarding what really happened that day on Harding Street can finally come out."
What does quash mean?
Since the judge "quashed" the murder indictments, that means they have been set aside for the time being.
It can result in a dismissal of charges in a criminal case.
Attempts to get case dismissed
It's not the first time Goines' defense team has tried to get the charges thrown out.
In 2023, a judge rejected motions by defense attorneys to toss two of his indictments.
The defense attorneys claimed the charges were "defective" because they didn't clearly spell out why Goines was charged.
Goines' lawyers are also trying to move the trial out of Harris County but the judge hasn't ruled on that issue.
Harding Street fallout
The district attorney's office had to reopen hundreds of cases tied to Goines, and many charges were dropped.
RELATED: Man declared innocent years after serving in case investigated by Harding Street raid officer
The most recent case involved Frederick Jeffery who was sentenced to 25 years after his 2018 conviction on drug charges. Jeffery was freed on bond in July 2021.
"It feels good because I knew from the get-go I was innocent," Jeffery said after he walked out of jail. "I just had to prove it. God did everything for me. I ain't did nothing but stay down. I thank God for keeping my mama by my side the whole time. I just want to say I thank God and I'm ready."
A judge declared him "actually innocent" and apologized for the five-plus years Jeffery spent behind bars.