TARRANT COUNTY, Texas — A jailer and his supervisor, who were fired over a use of force incident involving the death of a prisoner, have been reinstated, WFAA has learned.
The jailer, Rafael Moreno, was reinstated on Wednesday. An attorney representing Moreno said he was reinstated and placed on paid administrative leave. Jane Bishkin, the attorney, said Moreno was reinstated because civil service rules were not followed.
"I expect this is just a technicality and that [Moreno] will be terminated," Bishkin said. "I would hope that the sheriff would wait until the MEs report comes out to determine the cause of death."
Lt. Joe Garcia, Moreno's supervisor, was also fired last week. Garcia has also been reinstated and placed on administrative leave.
"[Garcia] was returned to work so TCSO can follow the rules they didn't follow prior to terminating him," Randy Moore, his attorney, said.
Sheriff Bill Waybourn said in a statement that he met with attorneys from the Civil Division of the Tarrant County District Attorney’s Office Wednesday afternoon. He said he was told that he may be required to withdraw the terminations due to civil service guidelines, and that additional steps needed to be taken "to appropriately complete the process under the rules of Civil Service."
"Though I do not agree, under an abundance of caution, I withdrew the terminations in order to assure that the process was completed and all evidence was gathered for this administrative purpose," the sheriff said. "Both employees will remain on administrative leave and the investigation will continue."
"The Sheriff of Tarrant County should be able to promptly terminate someone when there is evidence of egregious behavior," he added. "This is a troubling development, but I want to assure the citizens of Tarrant County that this does not change my commitment to getting justice in this case.”
Daryl K. Washington, an attorney of the family of the prisoner who died, said the news about the jailers being reinstated could not come at a worse time. He informed Anthony Johnson's family about the development just one day before his funeral.
"In the Tarrant County Sheriff's Office, nothing surprises them anymore," he said. "They are in disbelief and you can just imagine that their emotions are just everywhere."
Last week, Moore told WFAA that Waybourn didn't follow civil service rules when he fired Garcia.
Moore and Bishkin said their clients were fired without being given a reason for the termination. Neither employee was allowed to give a statement to internal affairs.
Sheriff's Department civil service rules require that employees be given notice in writing stating the cause of the discipline and the specific reason supporting the cause. Employees must also be given the opportunity to respond "orally or in writing."
Tarrant County Commissioner Alisa Simmons, a vocal critic of the sheriff, said in a statement that the botched firings were consistent with the sheriff's "inability to administer and follow standard operating procedures of his own Sheriff's Office along with basic processes and procedures outlined in civil service rules."
"As a result of the Sheriff’s actions, the county now has to continue employing – and paying – two individuals who really should be facing criminal charges from the missing-in-action Tarrant County DA," Simmons said, "and not still drawing a paycheck from county taxpayers."
Moore, who represents Garcia, responded to the statements of the sheriff and Simmons saying, "It's hypocritical that they're demanding justice but they're willing to break the rules and step on due process rights to do it."
Moreno was initially fired after video showed him kneeling on inmate Anthony Johnson's back for about 90 seconds. Johnson, an ex-marine, said he could not breathe before he went unconscious. Johnson died, but a medical examiner has not yet decided what caused Johnson’s death.
Angered activists called for Waybourn to resign on Tuesday amid Johnson's death.
More than 60 people have died at the Tarrant County jail since Waybourn took office in 2017. About half of those inmates died from natural causes, the sheriff’s office said. Inmate deaths in Tarrant County have exceeded the national average in each of the last four years, according to National Institutes of Health data.
Waybourn is running for re-election in November. He was unopposed in the Republican primary. Waybourn was re-elected by more than 40,000 votes in 2020 when President Joe Biden carried Tarrant County.
Waybourn told commissioners on Tuesday there is always room for improvement at the jail and he supports more training for officers. He touted the department’s approach to de-escalation.
“Our teams are doing a good job,” he said at the time.
Waybourn also noted that there have been more deaths at the slightly smaller Bexar County jail than in Tarrant County since 2017.
WFAA reporter Matt Houston's previous reporting contributed to this story.
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