Family looks for criminal charges after Tarrant County inmate's death deemed homicide
FORT WORTH – Attorney Daryl Washington said Friday was challenging for the family of Anthony Ray Johnson Jr.
The Tarrant County Medical Examiner said his death was a homicide. Examiners said he died from mechanical and chemical asphyxia while an inmate in the Tarrant County Jail.
"It was almost like the family when they found out for the very first time that Anthony was dead," said Washington, who represents Johnson's family.
According to Sheriff Bill Waybourn, jail employee Rafael Moreno put a knee into the back of the 31-year-old's back when he was already restrained. Waybourn said that's not a sanctioned tactic.
Moreno and his supervisor, Lt. Joel Garcia, were fired and then reinstated because they didn't get fired properly. The two were later reinstated.
Investigators said the incident evolved from a routine cell shakedown where they found a shank and a razor in Johnson's cell. Waybourn said Johnson displayed superhuman strength as employees started wrestling with him after the find.
"We have had a number of witnesses who have told us that they saw a jailer actually spraying pepper spray down Anthony's mouth," Washington said.
Investigators have not confirmed that allegation. Waybourn did not mention it during a news briefing on Johnson's death, where he explained the chronology of the deadly events on April 21.
The medical examiner said Johnson's death was also caused by chemical asphyxia. In a statement to CBS News Texas, TCSO said that OC spray, commonly called pepper spray, was in use during Johnson's incident. They also pointed out methamphetamine was a contributing factor.
CBS News Texas is still trying to obtain a copy for independent review.
"It has to do with the demonstrated inability to manage that department," Dr. Michael Bell said.
Bell is the convener of Unity in the Community. He is one of several voices who have called for the sheriff to resign.
He said Waybourn has too many custodial deaths and miscues tagged to his tenure.
"This is seven years in," he said. "It'd be different if we had a small sample size, but the sample size now is large enough for us to look at it and then conclude that he's just not -- he's the wrong person for the job."
Bell echoed calls for a Department of Justice investigation into the more than 60 deaths at the jail since 2017 when Waybourn took over.
Waybourn talked to CBS News Texas' Doug Dunbar about a DOJ probe.
"Not that I'm afraid of. If they show up tomorrow, that's fine. But I think it would be a waste of resources," Waybourn said.
He said the justice process could proceed following the medical examiner's findings. The investigation into Johnson's death remains ongoing by the Texas Rangers and his internal affairs division.
"Despite the political grandstanding of some, this case will go forward, and all corroborated facts will be presented in the halls of Justice," Waybourn said.
Johnson's family is scheduled to speak publicly on Tuesday. Washington said they hope the findings will become a criminal case.
"Our next thing that we would like to see happen, and we hope it's going to be happening next week, are there going to be arrest warrants that are going to be issued for the individuals who were a part in Anthony's death," Washington said.
