| On January 22, 2014, Officer Gerald Goines of the Houston Police Department in Texas arrested 40-year-old MacArthur Ross Jr. and charged him with delivery of a controlled substance. In court papers, Goines said that Ross had sold him less than a gram of cocaine.
Ross pled guilty to the charge in Harris County Criminal District Court on February 21, 2014, and was sentenced to two years in prison.
On January 28, 2019, Goines led a raid on a home belonging to 59-year-old Dennis Tuttle and his 58-year-old wife, Rhogena Nicholas. Goines obtained a no-knock warrant after telling a judge that he had set up a controlled buy of narcotics there using a confidential informant. Goines, his partner, Steven Bryant, and other officers broke down the front door of the home and shot a dog that they said lunged at them, which prompted a gun fight. Tuttle and Nicholas were killed.
The Houston Police Department opened an investigation. When Goines’s informant could not be found, Goines eventually admitted there wasn’t an informant.
In April 2019, the Harris County District Attorney’s Office dismissed several dozen pending cases involving Goines and Bryant and began reviewing more than 2,200 cases the two officers handled throughout their careers.
In August 2019, Goines was charged with felony murder, and Bryant was charged with tampering with a government record after the raid. By then, Goines and Bryant had retired. Goines was indicted by a federal grand jury in November 2019 on charges that he deprived Tuttle and Nicholas of their civil rights by killing them.
In February 2020, Houston District Attorney Kim Ogg said that a review by her office’s conviction-integrity unit (CIU) of cases Goines played a substantial role in between 2008 and 2019, found 69 people, including Ross, who might have been convicted on false evidence presented by Goines.
Ross, represented by the Harris County Public Defender’s Office, filed a petition for a writ of habeas corpus on June 20, 2023. The petition said his plea was involuntary and that the state used false evidence to induce that plea. Ross said in an unsworn declaration that he did not possess drugs on that day or distribute any drugs to Goines.
The district attorney’s office joined with Ross in recommending that his habeas petition be granted.
On August 15, 2023, a judge in Harris County Criminal District Court accepted the joint recommendation and referred the case to the Texas Court of Criminal Appeals.
The appellate court granted Ross’s petition and vacated his conviction on September 27, 2023. The state dismissed Ross’s charge on November 3, 2023.
– Ken Otterbourg
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