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Rhogena Nicholas and her husband Dennis Tuttle were killed along with their dog when a tactical team raided their home on January 28, 2019. An officer alleged that a criminal informant bought heroin from a man in the home of Tuttle and Nicholas. The officer also alleged that the man had a gun.
Six officers were charged last year, including Gerald Goines, accused of lying to obtain a warrant, and Steven Bryant, accused of falsifying government records.
Six other officers were charged on Monday, according to a statement from Ogg. These officers face a variety of charges, including murder, falsifying government records, and participating in organized criminal activity.
Both families said neither Tuttle nor Nicholas were involved in the drug sale. The couple were well known and loved by their neighbors, according to the Tuttle family’s complaint.
Mike Doyle, co-counsel to the Nicholas family, told a press conference Thursday that the complaint was filed because the statute of limitations was almost over.
Lawyers say families searched for answers for 2 years
The lawsuit filed by the Nicholas family names the city of Houston, Police Chief Art Acevedo and 13 officers as accused. The Nicholas family’s complaint includes federal civil rights claims against individual officers for excessive lethal force and illegal search and seizure, a municipal liability claim against the city and Acevedo, in addition to state law claims , including wrongful death and survival.
The Nicholas family have been asking for physical evidence, an explanation and an apology from Acevedo for 18 months, Doyle told CNN on the phone Thursday.
“They have been placed in a position where the only way for us to get to the bottom or the top of what’s really going on and continuing to happen in this city and with this police department is to file a civil suit.” , Doyle said.
John Nicholas, brother of Rhogena Nicholas, said death was difficult for his 86-year-old mother, who had previously survived Covid-19. He said she would hang on until she got answers about her daughters’ deaths.
“The hardest part I think is for my mom. She always wants to know exactly what happened,” said John Nicholas.
The complaint filed by the Tuttle Estate names the city and 13 agents as defendants. The estate has sued, including illegal searches and seizures, excessive and deadly force, and municipal liability.
Boyd Smith, the attorney for the Tuttle family, told CNN Thursday that Dennis Tuttle, 59, was a U.S. Navy veteran who was taking medication for a seizure disorder. The complaint indicates that he had no criminal record.
“We spent two years trying to get answers from this family to their questions and the city blocked us at every turn,” Smith said. “Dennis shot police officers because, as a law-abiding citizen with no heroin in his house, he believed his house was under attack by criminals. He had the right to fight back if that was what happened.
“I have said on several occasions that the other officers involved in the incident, including the officer charged today, had no involvement in obtaining the warrant and responded appropriately to the deadly threat that was asked of them while on duty, ”Acevedo said, adding that all serving officers who were indicted have been relieved of their duties.
Mayor Sylvester Turner told local media on Thursday that he was not going to draw any conclusions on the case as it was under investigation. He said that “practices, policies and procedures” were in place in Houston and that the raid was a case “with a lot of subtleties.”
The mayor also said he found it unfair to draw conclusions from one organization based on the actions of a few.
“There are a lot of complexities and I think you have to be very careful before you reach for conclusions,” Turner said. “At the end of the day, we’ll see where the facts lie.
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