The family of Anthony Johnson Jr. said there is still a long road ahead of them after two jailers were indicted for murder in his death – and there is more they want from county leaders.
Johnson died in Tarrant County custody on April 21 after an altercation with jail staff, who pepper sprayed him and restrained him face-down on the ground.
While one jailer kneeled on his back, Johnson told them he couldn’t breathe, video of the incident shows. His official cause of death was asphyxiation.
Officer Rafael Moreno, who knelt on Johnson’s back, and Lt. Joel Garcia, his supervisor who filmed the incident, have been indicted for murder.
Johnson’s family spoke Tuesday to the press about the indictments following a Tarrant County Commissioners Court meeting in downtown Fort Worth.
“The indictment doesn’t mean a whole lot, because it’s just the beginning,” Johnson’s mother, Jacqualyne Johnson, said outside the meeting room.
The family’s attorney, Daryl K. Washington, said he plans to use a lawsuit to hold the other jailers involved in the incident accountable. Video shows several other people helping to restrain Johnson.
“The DA has different burdens that they have to prove. We do understand that, which is why we have the civil side,” he said.
A lawsuit is more than about damages – it can cause change, Washington said. He referenced a KERA story that found the Sheriff’s Office’s use of force and restraint procedures have not been updated in more than 15 years. Experts say the guidelines are outdated and vague.
“We’re going to use the civil part of this matter to expose the lack of policies,” Washington said.
Johnson’s older sister, Janell Johnson, agreed this is bigger than just her brother’s death.
“Time is up. The way Tarrant County is being ran, the way this jail system is being ran, is going to change in the name of my brother,” she said.
More than 60 people have died in Tarrant County custody since Sheriff Bill Waybourn took office in 2017. That number does not include a baby, Zenorah, who died after her mother gave birth alone in her jail cell in 2020.
In recent years, the county has paid out at least $2.8 million in settlements for lawsuits over jail deaths and allegations of abuse and neglect.
One county commissioner, Democrat Alisa Simmons, and some community members have called on Waybourn to resign. Waybourn is up for reelection this year.
For weeks, the family has demanded the Sheriff’s Office release the full video of the incident that led to Johnson’s death, beyond the five minutes worth of clips already made public.
According to Washington, the full video shows medical personnel didn’t respond to Johnson with any urgency.
JPS Health Network is responsible for medical care within the Tarrant County Jail. In an emailed statement, JPS extended its condolences to Johnson's family.
"Care at JPS and provided by JPS personnel at other locations is routinely reviewed to assess quality and efficacy," the statement read. "JPS will continue to conduct a thorough and objective review of the care in this situation as additional information becomes available and will take any appropriate action as warranted."
According to Johnson's family, he was diagnosed with schizophrenia and bipolar disorder.
Johnson’s father, Anthony Johnson Sr., brought the demand for the full video’s release directly to county commissioners during the meeting before the press conference.
“I implore you, show that video. That was my son,” Johnson Sr. said. “I watched him come in this earth, and I want the world to see him leave.”
Waybourn fired Moreno and Garcia in May but reinstated them and placed them on leave shortly after. According to Waybourn, he had to reinstate them to better follow civil service guidelines, the rules for disciplining and firing law enforcement officers.
Garcia has been fired again effective Tuesday, Sheriff's Office spokesperson Robbie Hoy wrote in an email. Moreno is appealing his case to the Sheriff's Department Civil Service Commission.
No other jailers are facing punishment or firing at this time, according to Hoy.
As for the release of the full video, "It is against TCSO standards to release any images (still or video) of unresponsive or deceased individuals," he wrote.
Hoy directed further questions about the investigation and video to the Texas Department of Public Safety. The Texas Rangers, which are part of DPS, have been investigating Johnson's death.
This story has been updated with comments from the Tarrant County Sheriff's Office and JPS Health Network.
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