TARRANT COUNTY, Texas — More jailers have been named in a civil lawsuit filed last month against Tarrant County and more than a dozen jailers by the attorney for the family of Anthony Johnson Jr., who died while in custody in the Tarrant County Jail in April. Among the jailers named in the lawsuit are the two indicted in connection with Johnson's death.
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 detention officer Rafael Moreno kneeling on Johnson's back for 90 seconds. Deputies also used pepper spray during the incident, officials confirmed.
The lawsuit filed last month was against the county, Moreno, his supervisor Joe Garcia and 10 unnamed jailers, who were listed as "John Doe Jailers 1-10." The amended lawsuit filed Aug. 11, also names jailers Jaquavious Simmons, Elijah Marez, and Johnathan Nymoen, court documents show.
The updated lawsuit alleges Simmons discharged pepper spray into Johnson's mouth before Johnson died, court records show.
"Additionally Defendant Moreno, a three hundred plus pound jailer, pinned his knee in Johnson's back, using bodyweight force, while Johnson was in a prone position in handcuffs, preventing him from breathing," the lawsuit alleges. "Johnson was held down by Defendants Simmons, Marez, Nymoen and the John Doe jailers, as Moreno used bodyweight force on Johnson to end his life. At no time did Defendant Garcia attempt to intervene, although he was in a position to do so."
The lawsuit further alleges Johnson's death was part of a pattern in Tarrant County.
"Anthony Johnson, Jr.’s death was tragic and totally preventable and is the result of a custom and practice that has existed in Tarrant County, specifically TCJ, for well over a decade," the lawsuit alleges. "Since 2017, over sixty inmates have died while in custody at TCJ, yet no additional policies, procedures and/or training have been provided to those who had a legal and moral obligation to protect inmates, specifically Johnson."
Daryl Washington, the attorney for Johnson's family, also called for answers upon the filing of the lawsuit in July.
“The family of Anthony Johnson, Jr. has made it very clear that they are beyond seeking justice; they demand full accountability regarding the loss of Anthony. Anthony’s family and the rest of the community can rest assured that everyone involved in Anthony’s tragic and preventable death will be identified, publicly named and held accountable. We have seen a portion of the horrific video footage capturing the moments before, during and after Anthony’s death that Sheriff Waybourn, the Texas Rangers and the Office of the Attorney General refuse to release. We know that the main reasons why they do not want to release the video right now is because it will vividly show the inhumane treatment to someone already in distress. It will also show that several people were present and involved beyond the two jailers that have been indicted. Additionally, if shared publicly and broadly, the video footage will send this nation into an uproar to witness how inmates are being treated in our own communities, using our tax dollars. The lawsuit that my office filed stated there are multiple John Doe jailers involved. More names will be released soon. Everyone at Tarrant County Jail that was involved in Anthony’s death in some way will have to answer to what they did or did not do. Either they can come forward or they will be called out,” Washington added.
In a statement in July, attorneys for Garcia say "the allegations contained in the lawsuit filed by Mr. Johnson's parents are inconsistent with the allegations in the criminal indictment accusing Joel of intentional and knowing murder."
"Joel remains heartbroken about the tragic and accidental death of Mr. Johnson at the jail in April and is keeping Mr. Johnson's family and loved ones in his prayers," the statement began. "Joel will be represented by other counsel in the civil matter and it would not be appropriate to make any additional comment about the civil lawsuit at this time."
Garcia and Moreno were fired following Johnson’s death, then reinstated, and fired for a second time in July, nearly a week after they were indicted on murder charges in connection with Johnson’s death.