HOUSTON, Texas – Day six of the murder trial for former Houston Police Department narcotics officer Gerald Goines started much like it ended on Monday afternoon.
After nearly two full days with the same witness, HPD Detective Lujan, a visibly frustrated Judge Nelson threatened attorneys with extended court hours if they did not progress more quickly.
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Judge Nelson expressed concern that the trial was moving slower than anticipated based on the witness list she received at the start. To avoid a longer trial than necessary, she indicated she might extend court sessions until 6 or 6:30 p.m. unless both sides agreed to expedite proceedings.
Defense attorney George Secrest told Judge Nelson that both sides could complete witness testimonies by the end of the week and be ready for closing statements by the end of the following week. However, this timeline hinges on whether the state will call all the witnesses on their list or opt to reduce it. The state has yet to respond to this issue.
Week one of the trial was dramatic, featuring testimony from Goines’ former partner Steven Bryant and three other HPD officers involved in the deadly raid. The biggest revelation was a non-departmental body camera video, which Bryant claimed was worn by a sergeant during the raid. This video has never been seen, and according to the Houston Police Department, there is no record of its existence.
For a recap of the key moments and developments from the first week of the trial, check out our coverage:
KPRC 2 Investigates team Reporter Mario Diaz, Senior Investigates Producer Jason Nguyen, Senior Special Projects Producer Andrea Slaydon, and Digital Content Specialist Ninfa Saavedra will be at the trial dishing out the latest updates for ‘The Bench: Gerald Goines.’
5:00 p.m. - Judge Nelson dismisses jury early. Court to resume Wednesday at 10 a.m.
Judge Nelson stated that she wanted to give the state time to fully address their concerns regarding the defenses’ questioning of Texas Ranger Wolf about the officer statements he collected during his investigation of the deadly Harding Street raid.
The prosecution noted that while the defense is allowed to question Wolf about the officers’ statements, they are not permitted to enter them into evidence.
The defense wants to have the statements admitted.
Judge Nelson has given both parties until Wednesday at 6 a.m. to submit written arguments on the matter. She will issue her ruling at 9:45 a.m.
4:40 p.m. - Judge dismisses jury to handle situation among attorney’s
Judge Nelson excuses the jury early. The court will resume Wednesday at 10 a.m.
4:01 p.m. - State passes witness
Defense attorney George Secrest begins questioning Texas Ranger Jeff Wolf about what took DPS so long to conduct their independent investigation into the deadly Harding Street raid. Wolf said the District Attorney’s Office was looking for a team to investigate the scene, which ultimately fell into his lap.
2:03 p.m. - Texas Ranger Jeff Wolf called to the stand
Jeff Wolf is a lieutenant with the Texas Department of Public Safety.
Wolf explained that the primary purpose of the Texas Rangers’ visit to the Harding Street residence was to utilize a new 3D bullet analysis machine.
Before arriving at the scene, he testified that he reviewed reports from the Houston Forensic Science Center, officer statements, crime scene photographs, autopsy images, and surveillance videos. He stated that by doing this, he intended to assess the circumstances and gather any additional information needed before going to the scene.
Wolf said that his goal during the July visit was specifically to operate the 3D scanner, which would provide more details about the gunfire and where it was used during the raid.
State attorney Keaton Forcht asked Wolf who was the first officer to enter the home, and he answered that Officer Medina was the first to enter the residence, armed with a Glock 40 pistol and a shotgun. Officer Medina’s Glock held 14 rounds—13 in the magazine plus one in the chamber. Wold said Medina fired his shotgun after entering the residence, stating that he fired after Officer Lovings had shot the dog. He also said this occurred before Dennis Tuttle fired a shot.
Wolf testified that Medina and Lovings fired within seconds of entering the home.
Wolf testified that Medina was shot through the shoulder and fell back onto the couch. Wolf said Medina was inside the home for a total of 32 seconds.
Officer Lovings was the second officer to enter the Harding Street home, according to Wolf who said Lovings was armed with three firearms: a semiautomatic rifle, a shotgun, and a pistol. His AR-15 rifle was loaded, and nine rounds from this firearm were found inside the home. Wolf said Lovings only discharged the AR-15 during the raid. Lovings was shot once in the neck, resulting in him becoming paralyzed. Wolf testified that Lovings fired nine rounds before being shot by Tuttle’s revolver.
Wolf also testified that it was unclear whether all officers were shot by Tuttle. In two instances, the bullets passed through the officers and were never recovered. The bullet that struck the third officer was untestable. Wolf said that Lovings fired the first shot before Tuttle returned fire.
Officer Salizar was the third in line, armed with a pistol holding eight rounds, according to Wolf’s testimony. Wolf stated that Salizar discharged his weapon, and eight cartridge cases matching his gun were found inside the home. He also said Salizar confirmed that officers shot the dog upon entry.
Following Salizar was Officer Oscar Pardo, who was also armed with a pistol, according to Wolf. He said Pardo entered the home and confirmed that officers shot the dog upon entry. Wolf said Pardo fired his firearm outside the house.
Officer Eric Sepolio was next in line, according to Wolf. Although Sepolio did not engage in gunfire immediately, according to Wold, he said Sepolio fired two shots after hearing the initial rounds of gunfire and once he had pulled Medina out of the house.
Behind Officer Sepolio was Officer Nadeem Ashraf, armed with a Glock 22, Wolf testified.
Following Ashraf was Officer Felipe Gallegos, armed with an AR-style rifle. Wolf testified that thirteen rounds of gunfire were found at the scene matching Gallegos’ rifle. Gallegos was firing from the porch, but Wolf believed he moved around while firing.
Wold testified that Officer Gallegos admitted to shooting Rhogena Nicholas before Dennis Tuttle’s death. Nicholas was shot within 18 seconds of the officers entering the home, according to Wolf. He added that Gallegos admitted to shooting Tuttle until he stopped moving.
At the back of the stack was Officer Gerald Goines, who was carrying a long AR-style rifle and two pistols.
1:54 p.m. - Court resumes
“Judge Nelson read a statement to the jurors regarding the attorneys’ use of terms like ‘lies’ and ‘untrue’ during questioning, reminding them that it is the jury’s sole responsibility to determine what is true or false.
State attorney Manning then continued her re-cross, asking the detective about a possible firearm that was left on the scene, the defense objected to the detective answering the question, saying he did not personally deal with the firearm so he would be testifying the hearsay.
12:30 p.m. - Court on lunch break
11:20 a.m. - Court on break while attorneys sort out issue
The state sought to present evidence to the jury refuting a line of questioning r by the defense on Monday, alleging that it was inaccurate.
The defense contested this claim and requested a mistrial.
Judge Nelson denied the request for a mistrial and directed the attorneys to resolve the matter before her. She also noted that both sides had been using terms like ‘lies’ and ‘untrue’ during their questioning, in front of the jurors.
11:07 a.m. - Defense passes the witness and the state redirects
State Attorney Manning questioned Lujan about the alleged drugs that the confidential informant (CI) claimed were inside the Harding Street home. Manning pointed out that, since there was no real CI, the drugs the fake CI mentioned were not actually present in the home, despite investigators finding Marijuana and a white powdery substance inside the home.
Manning also questioned Lujan about the items found in the house, clarifying that any claims regarding the discovery of drugs may have been overstated.
The defense team objected multiple times during Manning’s re-cross.
Midway through the re-cross, defense attorney Wynn requested a sidebar with the judge, after which Judge Nelson dismissed the jury.
10:10 a.m. - HPD Detective Lujan continues testimony
Defense attorney William Reagan Wynn continued questioning Detective Lujan regarding his investigation into the fatal Harding Street raid.
Wynn showed several photos, asking Lujan to explain each one and identify where they were taken within the home. This line of questioning appeared aimed at providing jurors with a clearer understanding of the layout of the Harding Street home, which had been described as a “semi-hoarder” house.
The majority of the photos showed the home cluttered with items scattered across the floors, tables, and throughout the living room, kitchen, and most bedrooms.
Attorney Wynn continued to show more photos from the initial investigation of the Tuttle and Nicholas home on Jan. 29, as well as photos from a follow-up visit on Feb. 12. Wynn pointed out that, according to the photos, some items had been moved and the home was not in its original state. Lujan agreed.
Attorney Wynn throughout this process, was attempting to indicate that several items may have been missed by investigators or left behind, to which Lujan agreed that some medicine bottles were left behind.