By CBSMiami.com Team

MIAMI (CBSMiami) – Art Acevedo will take the reins of the Miami Police Department in a few weeks.

“Our manager, with the help of a commission and with my intervention, brought to Miami the best chief America,” said Miami Mayor Francis Suarez.

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But there are those that would disagree with statement.

Acevedo comes from the Houston Police Department, the fourth largest city in the US, where he’s under scrutiny.

“To this day, he hasn’t fixed his own department, in my opinion,” said John Nicholas.

Nicholas, the brother of Rhogena Nicholas who was gunned down in Houston two years ago, warns Miami residents of what they’re getting.

Acevedo headed the Houston police when its narcotics team, known as “Squad 15,” served a “no-knock” warrant on Rhogena Nicholas and her husband, Dennis Tuttle, opening fire and killing both of them.

Dennis Tuttle and Rhogena Nicholas (CBS4)

The warrant is suspect, alleging crooked cops giving false information to a judge to serve it.

“He goes on TV calling my sister and her husband scumbags and dopers, drug dealers,” Nicholas said.

Nicholas said, to his knowledge, his sister had no run ins with law and she was gunned down as an innocent bystander.

Houston police say a shootout ensued, but reportedly neither Rhogena Nicholas or Tuttle was armed.

“They did find, I’d call, big guns in the house,” Nicholas said. “But they say my brother-in-law shot at the police using a .38 or a .357, but today that have not produced that pistol,” Nicholas said.

Acevedo is named in a wrongful death lawsuit in which extreme force was used.

The suit alleges, “Houston Chief of Police Art Acevedo has continued to praise members of Squad 15 as ‘heroes’…”

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Nicholas claims Acevedo – is a part of a cover up.

The suit saying, “Even worse, without any legitimate evidence or basis, Acevedo claimed ‘the facts are going to come out’ to show that HPD ‘had probable cause to be there.’”

Chief Acevedo spoke with CBS4’S Jim DeFede Monday night.

“I understand the family’s pain. My heart goes out to them. But I think it’s important for the public to know that when everything comes out through depositions and ultimately through a trial, they’re going to know that this police chief played a role into uncovering the malfeasance and uncovering the facts in this case,” Acevedo said.

That lawsuit is 2 years old.

Acevedo worked as the chief in Houston for five years.

He locked arms with Black Lives Matter protesters to show support against police brutality.

That’s something Nicholas said is easily explained.

“I think he’s making himself look good,” he said.

To be clear, Nicholas is not against the police. In fact, he said he supports them.

“I work for the Louisiana Department of Public Safety. I’m a volunteer fire chief and an EMT. I work with police every day. I’m not against police,” he said.

Nevertheless, he believes Acevedo is facing a day of reckoning.

In Texas terms, Acevedo is fixing to face the jury.

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“He might be moving to Miami, but me and mother aren’t’ going to give up,” Nicholas said.

CBSMiami.com Team