Rhogena Nicholas and her husband Dennis Tuttle were killed along with their dog when a tactical team broke into their home on January 28, 2019. A police officer alleged that a criminal informant bought heroin from a man at Tuttle and Nicholas’s home. The policeman also claimed that the man had a gun.
Six policemen were indicted last year, including Gerald Goines, who is accused of lying for a warrant, and Steven Bryant, who is accused of tampering with government records.
Six other police officers were indicted on Monday, according to a statement from Ogg. These officers face a variety of charges, including murder, tampering with government records and involvement in organized crime activities.
Both families said that neither Tuttle nor Nicholas were involved in the sale of drugs. The couple was well known and appreciated by neighbors, according to the Tuttle family’s complaint.
Mike Doyle, a co-lawyer for the Nicholas family, said at a news conference on Thursday that the complaint was filed because the statute of limitations is almost over.
Lawyers say families sought answers for 2 years
The complaint filed by the Nicholas family names the city of Houston, Chief Art Acevedo and 13 police officers as defendants. The Nicholas family’s complaint includes complaints of federal civil rights against individual officers for excessive lethal force and illegal search and seizure, a complaint of municipal liability against the city and Acevedo, as well as complaints of state law including unjust death and survival.
The Nicholas family has been asking for physical evidence, an explanation and an apology from Acevedo for 18 months, Doyle told CNN by phone on Thursday.
“They were put in a position where the only way to get to the bottom or to the top of what is really happening and continues to happen in this city and with this police department is to file a civil suit,” said Doyle.
Rhogena Nicholas’s brother John Nicholas said death was difficult for his 86-year-old mother, who has already survived Covid-19. He said she will hold on until she gets answers about her daughters’ deaths.
“I think the hardest part is for my mom. She still wants to know exactly what happened,” said John Nicholas.
The complaint lodged by Tuttle’s estate names the city and 13 police officers as defendants. The property filed complaints, including illegal search and seizure, excessive and lethal force and municipal liability.
Boyd Smith, Tuttle’s family lawyer, told CNN on Thursday that Dennis Tuttle, 59, was a veteran of the United States Navy who was on medication for a seizure disorder. The complaint states that he had no criminal record.
“We spent two years trying to get this family’s answers to their questions and the city has always stopped us from doing that,” said Smith. “If Dennis shot policemen, it is because – as a law-abiding citizen with no heroin in his home – he thought his home was under attack by criminals. He had a right to fight back if that happened.”
“I have said many times that the other officers involved in the incident, including the officer indicted today, had no involvement in obtaining the warrant and responded adequately to the deadly threat they posed during their service,” said Acevedo, adding that all current the indicted active duty officers were released from office.
Mayor Sylvester Turner told local media on Thursday that he would not draw any conclusions about the case because he is being investigated. He said that “practices, policies and procedures” are in place in Houston and that the invasion is a case “with many complexities”.
The mayor also said he thinks it is unfair to draw conclusions from any organization based on the actions of some.
“There are a lot of complexities and I think you should be very careful before reaching conclusions,” said Turner. “At the end of the day, we’ll see where the facts end up.”