A Tarrant County medical examiner report released this week ruled an inmate’s death at the Tarrant County jail in April a homicide by chemical and mechanical suffocation.
Anthony Johnson Jr., 31, died just before 10 a.m. April 21. The Tarrant County sheriff’s office initially said Johnson died due to a “medical emergency” after he refused to leave his cell during a contraband check and fought with jailers, who used pepper spray to detain him. Johnson’s death is one of 63 that have occurred within the Tarrant County jail since 2017, all of which have brought increased scrutiny into operations at the jail.
Daryl Washington, an attorney representing Johnson’s family, said in a statement that the medical examiner’s report confirmed what Johnson’s family felt was clear from video. Washington also said the “unnecessary” use of pepper spray contributed to Johnson’s death.
“We saw with our own eyes how Anthony was restrained, pepper sprayed and forced to endure the pain of jailer Rafael Moreno’s knee on him for over 90 seconds with the assistance of other jailers, while Lt. Joe Garcia and many others watched,” Washington said in the statement. “We heard Anthony tell them, in his final words of life, that he could not breathe.”
Randall Moore, an attorney representing Garcia, said his client expresses condolences to Johnson’s family and said there are still many questions to be answered.
“I have not yet seen the autopsy or blood test results,” Moore said. “I question why is it only my client and Officer Moreno are being held accountable when inmates keep dying after rank and file employees are no longer working the jail.”
An attorney for Moreno did not respond to a phone message seeking comment.
A video released last month showed multiple jailers surrounding Johnson to handcuff him as he yelled he couldn’t breathe and could be seen struggling for air.
One jailer, identified as Moreno, can be seen kneeling on Johnson for about 90 seconds. The video ends once jailers prepared to move Johnson, who the sheriff’s office said later became “unresponsive” and died.
Washington said an extended video not released to the public shows a continuation of the “brutalization” against Johnson. Washington also calls Johnson’s death a murder.
The Tarrant County medical examiner report ruled the death a homicide by chemical and mechanical asphyxiation Friday. Asphyxiation, or suffocation, is a lack of oxygen in the body, which could cause a person to pass out or even die. Chemical asphyxiation is caused by the presence of chemicals that can prevent the body from intaking oxygen, such as those present in pepper spray, while mechanical asphyxiation occurs when an object or physical force prevents the body from taking in oxygen.
Moreno and Garcia, his supervisor, were fired in May before being reinstated and suspended without pay a few days later. Tarrant County Sheriff Bill Waybourn said after their firing that the jailers were initially fired for not following training and making missteps in seeking medical attention for Johnson.
“There is no denying any of this, so we are not the least bit surprised and no one else should be,” Washington said. “We already knew that everyone involved in Anthony’s death needed to be terminated, criminally charged and prosecuted, and now that process should begin. Today’s ruling is only the beginning because there is still so much more that needs to be done, and we will not stop fighting until we reach the finish line.”
It is unclear following the examiner’s report if any of the involved jailers will face charges.
Tarrant County Commissioner Alisa Simmons said in a statement that she was saddened by the finding but not surprised. She said every person who had a role in Johnson’s death should be held accountable and said Waybourn is ultimately responsible for the incident.
“The accountability I am calling for includes the filing of applicable charges for all involved to include detention officers, supervisors and medical personnel,” Simmons said. “The shocking tactics displayed in the limited video that was released make clear that Sheriff Bill Waybourn is ultimately responsible for this tragedy.”
Simmons also called for all remaining video footage of the incident to be released to the public, and said she would be meeting with the U.S. Department of Justice next week.
The Tarrant County sheriff’s office said in a statement the finding of chemical asphyxiation can be attributed to the use of pepper spray as well as the presence of methamphetamine. The statement also said the case is still under investigation by both the Texas Rangers and the sheriff’s office internal affairs unit.
“Despite the political grandstanding of some, this case will go forward and all corroborated facts will be presented in the halls of Justice,” Waybourn said in the statement.
Johnson was a former Marine who authorities said suffered from schizophrenia. He was arrested two days before his death after he was accused of wielding a knife at a driver while standing in the roadway, and was facing charges of possession of a controlled substance and evading arrest.
