Attorneys say wrongfully convicting ex-Tarrant County Jail lieutenant won't resolve murder case
FORT WORTH – Joel Orlando Garcia is seeking more flexibility in his life as he awaits trial. His current bond conditions require permission and coordination for various activities.
In a motion to amend bond conditions, Garcia, a former Tarrant County Jail lieutenant accused in the jailhouse murder of inmate Anthony Johnson Jr., seeks the freedom to get a job, take his elementary-aged daughter to ballet at church, attend his children's graduations next year, go to his daughter's wedding and live as a person who is not a flight risk.
"He feels 100 percent that he is innocent in this matter and that a jury will find him not guilty of the charge of murder," said Kelly Meador, one of Garcia's attorneys.
Meador, Reagan Wynn, and Randall Moore represent Garcia, who was fired in July for the second time in connection with Johnson's murder.
Tarrant County Sheriff Bill Waybourn terminated Garcia and Officer Rafael Moreno during an investigation into Johnson's death in May. The sheriff had to reinstate the two because they were not correctly dismissed.
After Johnson's death was ruled a homicide, the two TCSO employees were indicted for murder and arrested.
The incident occurred on April 21 during a contraband shakedown. Waybourn said Johnson was combative, and a video released by the sheriff showed many employees restraining him.
The video also revealed Moreno rushing up steps to the incident. Waybourn said Garcia was recording the incident on a smartphone for internal use. Investigators said Moreno placed his knee in Johnson's back.
Johnson, according to the county medical examiner, died from mechanical and chemical asphyxia. Garcia, according to Wynn, is facing the charge as an alleged party to murder.
"Let me put it this way. I'm not sure that given the intent requirement for murder, I'm not sure anybody is guilty of murder; there are certainly people who were more arguably culpable than Lieutenant Joel Garcia," Wynn said.
Garcia was about four months from his 23rd anniversary. His wife still works at TCSO.
"Ultimately, he wants to be vindicated, right?" Meador said.
Johnson's family has a different view, especially about Garcia's bond condition motion. They spoke through attorney Daryl Washington.
"They were a little disturbed by it, primarily because of his reasons that he was using to have the relief," Washington said. "The one thing that the family expresses is that he's asking for a second chance. But Anthony will never get a second chance. They'll never have another day to spend with Anthony."
Washington said the Johnsons believe Garcia and Moreno will be held accountable for the criminal charge.
"He was right there. He could have stopped it," Washington said. "He could have ordered Moreno to get off Anthony (Johnson), and he did not do that. But he wasn't alone."