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Texas Attorney General says Tarrant County can withhold video of Anthony Johnson Jr.'s death

A photo of Tarrant County Sheriff Bill Waybourn, a man with a white handlebar mustache wearing a black sheriff's uniform with a gold star, speaks at a at podium with the seal of Tarrant County behind him. In the background stands Tarrant County DA Phil Sorrells, a man with short white hair smiling and wearing a gray suit.
Cristian ArguetaSoto
/
Fort Worth Report
Tarrant County Sheriff Bill Waybourn, at podium, and Tarrant County District Attorney Phil Sorrells announced the creation of the Election Integrity Task Force at a press conference at a press conference on Feb. 8, 2023.

The Tarrant County Sheriff's Office can withhold the full video showing the events leading up to Anthony Johnson Jr.'s death in jail custody, despite demands from his family that it be released, according to a new ruling from the Texas Attorney General's Office.

The ruling, dated July 15 but made public Wednesday, came before Johnson family attorney Daryl Washington announced a lawsuit against the county — specifically the sheriff's office — and a group of detention officers.

The Texas Rangers are investigating Johnson's death. According to the letter, the Rangers oppose the release of the full video because it relates to the investigation and "would interfere with the investigation of the case."

Based on the Texas Rangers' request, Attorney General Ken Paxton said the release of the video would interfere with the detection, investigation, or prosecution of crime.

Johnson's death was ruled a homicide by mechanical and chemical asphyxia.

Tarrant County Sheriff Bill Waybourn released five minutes of security and iPhone video showing some of the events leading up to Johnson's death in April. A man identified as former detention officer Rafael Moreno can be seen in the footage kneeling on Johnson's back for more than a minute. Johnson was also pepper sprayed, and can be heard saying, "I can't breathe" at least once during the video.

Since his death, members of Johnson's family — as well as community activists and county Commissioner Alisa Simmons — have called for the release of the full video. The family has made a point of attending commissioners court meetings weekly to demand its release and Waybourn's resignation.

Johnson's sister Janell was removed from a commissioners court meeting in June after confronting County Judge Tim O'Hare, demanding answers for her brother's death.

Washington, the family’s attorney, has previously said the video shows several other people helping to restrain Johnson outside of Moreno.

The family's lawsuit includes Moreno, his supervisor Lt. Joel Garcia, and a number of other unidentified jailers listed as "John Doe."

There have been two more in-custody deaths in Tarrant County since Johnson died in April.

On the May 27, Chasity Corday Bonner, 35, was found unresponsive in her cell and died from a "medical emergency."

On July 12, Mclendon Caldwell, 68, died after a "history of medical issues", becoming the seventh person to die in Sheriff's Office custody this year.

There have been at least 65 people who have died in Tarrant County custody since Waybourn took office in 2017. That number includes one person who died at a private prison outside Lubbock that Tarrant County pays to use.

Got a tip? Email Megan Cardona at mcardona@kera.org.

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Megan Cardona is a daily news reporter for KERA News. She was born and raised in the Dallas-Fort Worth area and previously worked at the Fort Worth Star-Telegram.