Murder charge dismissed against HPD officer in botched Harding Street raid

HOUSTON, Texas (KTRK) -- A murder charge has been dismissed against one of the Houston police officers in the botched Harding Street raid that killed two people in southeast Houston in 2019.

Officer Felipe Gallegos was charged earlier this year in connection with the Jan. 28, 2019 raid that left Dennis Tuttle and Rhogena Nicholas, a couple living at the raided home on Harding Street, dead.

SEE ALSO: Grand jury 'indicted a hero' with murder in deadly HPD botched raid, lawyer says

On Tuesday, Harris County District Attorney Kim Ogg released a statement explaining that the case against Gallegos will be presented to a new grand jury to consider an indictment.

"The conduct of a former prosecutor, who handled the case, raised concerns about his judgment and resulted in his termination from the office," Ogg's release read. "Out of duty and an abundance of caution, all evidence in the shooting will be re-reviewed by a different prosecutor in the Harris County District Attorney's Office Civil Rights Division and re-presented to a grand jury. Gallegos will have the option of having his version of the facts presented to grand jurors and testifying, should he chose to do so."

SEE ALSO: 6 former HPD officers charged with 15 felonies linked to deadly botched raid

Six former HPD officers have been charged in connection with Harding street raid.

During a press conference in January, Gallegos' lawyer, famed defense attorney Rusty Hardin, insisted his client did not know the "no knock" warrant was being executed under faulty information. Therefore, Hardin said, Gallegos acted in defense of fellow officers and himself when they came under fire that day.

Gallegos, who was charged with the murder of Tuttle, remains charged with engaging in an organized criminal activity, along with nine former members of HPD's Narcotic Division, Squad 15.

The other five officers who were indicted in the case face counts of engaging in organized criminal activity resulting from the investigation into the botched raid. The officers indicted on Monday were:

• Oscar Pardo - (HPD) Engaging in Organized Criminal Activity, to wit: Aggregate Theft by a Public Servant ($30,000 or more but less than $150,000) and Tampering with a Governmental Record (1st degree)
• Cedell Lovings - (Status Unclear) Engaging in Organized Criminal Activity, to wit: Aggregate Theft by a Public Servant ($30,000 or more but less than $150,000) and Tampering with a Governmental Record (1st degree)
• Nadeem Ashraf - (HPD) Engaging in Organized Criminal Activity, to wit: Aggregate Theft by a Public Servant ($30,000 or more but less than $150,000) and Tampering with a Governmental Record (1st degree)
• Clemente Reyna - (No longer HPD, retired) Engaging in Organized Criminal Activity, to wit: Aggregate Theft by a Public Servant ($30,000 or more but less than $150,000) and Tampering with a Governmental Record (1st degree)
• Thomas Wood - (No longer HPD, retired) Engaging in Organized Criminal Activity, to wit: Aggregate Theft by a Public Servant ($30,000 or more but less than $150,000) and Tampering with a Governmental Record (1st degree)