FORT WORTH, Texas — Officials Thursday identified the Tarrant County jailer and supervisor fired in connection with the April death of Anthony Johnson Jr., and released video of the fight with officers that led up to Johnson's death.
The Tarrant County Sheriff’s Office said Johnson, 31, died April 21 from a medical emergency after being pepper sprayed during a fight with officers in his cell. According to TCSO, detention officers said the fight occurred after officers approached Johnson’s cell and he allegedly refused to exit during a routine cell check for contraband.
The Medical Examiner's Office hasn't determined a cause of death in Johnson's case.
Tarrant County Sheriff Bill Waybourn said during a Thursday press conference that a jailer, identified as Rafael Moreno, and a supervisor, identified as Lt. Joe Garcia, were fired following interviews, which concluded Wednesday.
"We wanted to be as transparent as we possibly could but we also wanted to protect the investigation," Waybourn said.
The sheriff said Moreno for using a "technique we do nor use nor condone" by putting a knee in Johnson's back after he was restrained. He said Garcia was fired for letting it happen and "not responding to the urgency of the situation."
Randy Moore, an attorney representing Garcia, disputed the sheriff's statement. He said Johnson did not have leg irons on and as a result was not fully restrained. He also said his client directed a nurse to come up the stairs and give Johnson medical attention within four minutes of his arrival on the scene.
"There were 15 to 20 staff present including two sergeants who were there the entire fight," Moore said. "Any one of them could have done what he's saying should have been done. ... His answer to a systemic failure evidenced by repetitive deaths in his jail is to fire two people of the 15 to 20 people involved instead of addressing and fixing the problem."
Attorneys for both jailers have said that the firings will be appealed.
“We feel that the sheriff’s actions are premature as the medical examiner’s report has not been released. Therefore, we don’t know the cause of death," said Jane Bishkin, an attorney with the Combined Law Enforcement Associations of Texas, which is representing Moreno. "We believe the sheriff's actions are a response to the heightened public interest in this case.
According to Waybourn, the fight began after officers went to Johnson's cell, opened the door, asked him to come out. Johnson appeared to lunge at officers at one point.
During the fight, Waybourn said Johnson was pepper sprayed before officers got Johnson to the ground and handcuffed him after about two minutes of fighting.
Waybourn said Garcia told officers to hold Johnson there at that point, and Moreno put his knee on Johnson's back. Johnson then became unresponsive and medical personnel arrived and performed CPR, but were unable to revive him, Waybourn said.
A five-minute video released Thursday shows the fight but doesn't show what happened after Johnson was moved so medical staff could respond.
During the video, as officers were holding him down, Johnson appeared to be heard saying, "I can't breathe."
Johnson's mother, Jacqualyne Johnson, and his two sisters shared their reactions after viewing the footage they'd asked to see for weeks.
"I gave my son life, and I got to see it taken," Jacqualyne said. "All he wanted was help. That's it."
Johnson's sister, Janell Johnson, said she wants to see a change in the jail when it comes to how people battling mental health issues are handled.
"I feel like I witnessed evil... inhumane," Janell said. "Everybody that participated, I don’t know how you're sleeping comfortably at night."
The family also wants to change the policy for releasing footage following inmate deaths. Specifically, they want timelines established for communicating critical information to families and allowing families to see the footage.
"Inmates do not deserve to be treated the way they treated my brother," said Johnson's sister, Chanell Johnson. "All of the jailers who handled my brother, they need to be fired."
Tarrant County Commissioner Manny Ramirez issued the following statement:
"As I previously stated, our Sheriffs Department must implement clear, effective, and transparent policies that articulate the steps that will be taken when a critical incident occurs. This policy should include timelines for communication with next of kin, media, and community stakeholders. The policy should clearly set out time lines for release of media evidence, and articulate any possible exceptions to those timelines. These timelines should be in accordance with best practices.
I recognize that each critical police incident is nuanced and that criminal investigations may complicate these communications plans, however every effort must be made to keep the public informed every step of the way.
It is my hope that going forward we will implement policies that improve communication between the sheriffs office and our communities."
Watch the video here:
Two pieces of contraband, a shank and a razor, were later recovered from the area of Johnson's cell, Waybourn added.
Moore, Garcia's attorney, said his client was fired Wednesday. He said his client had given a voluntary statement to the Texas Ranger, who is conducting the criminal investigation. He said his client then went to internal affairs expecting to give a statement but was instead fired without explanation.
"My client followed established procedures but since those procedures are lacking he followed established practice where policy was lacking," Moore said. "Policy making is done by head staff, not line staff. The Sheriff is ultimately responsible for the operation of the jail by law. Any shortcomings in that regard fall directly on him."
In his statement, Moore said the termination is premature given that the investigation has not been completed and no cause of death is known. Moore added that the firing violates "violates County policy and clearly is politically motivated."
Bishkin, an attorney representing Moreno, said the letter of termination did not give a reason for the termination. The sheriff's office has not responded to requests for comment.
“[Waybourn] did not give a reason for the termination, but of course we disagree,” Bishkin said. “We don’t believe any of our members violated departmental policies or contributed to the inmate’s death in any way.”
Previously, Johnson’s sisters, Chanell and Janell Johnson told WFAA their brother, a Marine veteran, suffered from schizophrenia and tried to get help in the days leading up to his arrest.
“He was starting to get manic,” Chanell said.
The family told WFAA ahead of the news conference that they hadn't received any specific information about his official cause of death or what occurred during the alleged fight.
“We need answers. Just tell us what happened,” Janell said.
The investigation remains ongoing. Once the investigation is complete, it will be referred to the Tarrant County District Attorney's Office.
"We do not comment on the status of open investigations," Texas Department of Public Safety North Texas Regional Director Jeremy Sherrod said. "Make no mistake. If anyone is found of any wrongdoing, they will be held accountable."