TARRANT COUNTY, Texas — Tarrant County jailers Rafael Moreno and Joel Garcia have been indicted on murder charges in the death of inmate Anthony Johnson Jr., officials announced Friday.
Moreno, a detention officer, and Garcia, a lieutenant and supervisor, were indicted after a Tarrant County grand jury reviewed the case, Sheriff Bill Waybourn said.
“The wheels of justice continue to turn in this case,” Waybourn said in a statement. “I said from the beginning that we hold accountable anyone responsible for Mr. Johnson’s death and we are doing that.”
The indictments, which were obtained by WFAA on Friday, include the same allegation for both Garcia and Moreno, saying they killed Johnson by putting their weight on Johnson's back "or back of [Johnson's] shoulder causing [Johnson] to die of asphyxia."
While video showed Moreno kneeling on Johnson's back for about 90 seconds, it remains unclear Garcia's exact role in the situation, though Garcia was Moreno's supervisor.
Daryl K. Washington, the lawyer representing Johnson's family, called the indictments "an appropriate step in the right direction" in the case.
"Anthony's family and community members have been anticipating this day to arrive, but it is only one piece of the puzzle," Washington said. "The unfortunate reality is that there are even more people in the video who need to be held accountable for what they did or did not do."
Randy Moore, the lawyer representing Garcia, said he is "disappointed in a lot of people" over the indictments.
"All I can say is why would anybody risk their life to be a police officer to be treated like this and have politics dictate the justice system," Moore told WFAA in a statement.
Johnson, a 31-year-old former Marine, died April 21 in the Tarrant County Jail after a struggle with jailers outside his cell. Examiners ruled that Johnson died from mechanical and chemical asphyxia, meaning he could not get enough oxygen because his airways were restricted by a chemical and a physical force or object.
Video of the incident showed Moreno kneeling on Johnson's back for 90 seconds. Deputies also used pepper spray during the incident, Waybourn confirmed in May. The medical examiner's report did not name the chemical affecting Johnson's breathing.
Waybourn fired but then reinstated Moreno and his supervisor, Garcia. He said Garcia should've stopped Moreno from kneeling on Johnson's back. Both were placed on paid administrative leave after their reinstatement.
Randy Moore, the attorney representing Garcia, earlier this month called for entire video to be released.
He said that Sheriff Waybourn mischaracterized Garcia’s actions during the use-of-force incident that resulted in Johnson’s death on April 21. He also said the full video will show that John Peter Smith jail medical staff appeared to initially think Johnson was faking a medical emergency.
“In the 40 years I've done this, I've not seen one use-of-force that looks good on video,” Moore told WFAA. “What I disagree with is showing select pieces of the video, omitting critical parts of the video and misstating things on the video. If you're going to do that, then let's just go ahead and release the whole video.”
Johnson is the seventh person to die in the Tarrant County Jail this year. More than 60 prisoners have died since Waybourn became sheriff in 2017.
Johnson’s family has called for accountability and community members have called for the jailers to be prosecuted and for Waybourn to step down after the release of the video showing the fight with officers that led up to Johnson’s death.
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