The family of Anthony Johnson Jr., a man who died in Tarrant County Jail custody in April, told Tarrant County commissioners Tuesday they want the man accused of pepper spraying their loved one indicted for murder — and for Tarrant County Sheriff Bill Waybourn to be disciplined.
JaQuavious Simmons is one of multiple detention officers recently named as defendants in the wrongful death lawsuit filed by Anthony Johnson’s family. The suit accuses Simmons of discharging pepper spray directly into Anthony Johnson’s mouth. Simmons also allegedly got pepper spray in his own mouth.
Simmons voluntarily resigned, and his last day with the department was July 13, a sheriff's office spokesperson confirmed to KERA News. Chanell Johnson, one of Anthony Johnson’s sisters, told county commissioners Tuesday Simmons should be charged with murder.
“What he did was premeditated, and he should be indicted as well,” she said.
Anthony Johnson Jr., 31, died by mechanical and chemical asphyxia, according to the Tarrant County Medical Examiner. His chemical asphyxiation was due to the use of oleoresin capsicum or OC spray, according to the sheriff’s office.
A Tarrant County jury indicted former jailers Rafael Moreno and Lt. Joel Garcia for murder in connection with Johnson’s death. Moreno and Garcia were first fired after the incident, reinstated, then fired again.
More than 60 people have died in Tarrant County jail custody during Waybourn’s time in office, and since Johnson's death, there have been increased calls for his resignation among the family, local activists and at least one county commissioner. The county's also paid out around $3 million in settlements in lawsuits related to the deaths, as well as alleged abuse and neglect in the jail.
In cell phone video of officers restraining Johnson outside his cell, a person can be heard calling Simmons’ last name and saying "tap Simmons out."
Other detention officers in a group surrounding Anthony Johnson on the ground then began to say "Simmons, out" and "tap out." Moments later, a detention officer hooks his arms under a man's shoulders and drags him away from the fray. Fellow officers tell him to walk away.
According to a 1997 issue of the FBI Law Enforcement Bulletin, pepper spray should be sprayed into a subject’s eyes and nose, which can cause the throat to swell, restrict breathing and temporarily paralyze the larynx.
"That is what your sheriff is deploying and is running away from," Janell Johnson said. "Do something now."
The heated comments led to a response from Tarrant County Judge Time O'Hare, who in June had Janell Johnson removed from another hearing after similarly passionate comments about her brother.
"Ms. Johnson, please lower your voice," Tarrant County Judge Tim O'Hare told the sister Tuesday, though he stopped short of having her removed again.
Got a tip? Email Toluwani Osibamowo at tosibamowo@kera.org. You can follow Toluwani on X @tosibamowo.
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