Family takes Tarrant County to federal court over jailhouse homicide
TARRANT COUNTY — The family of an inmate killed at the Tarrant County in April filed a civil rights lawsuit Monday in Federal Court.
The 62-page suit alleges the alleged murder of Anthony Johnson Jr. was caused by excessive force, lack of training, failure to provide proper medical assistance, deficient supervision, and an absence of discipline.
"To see how this family has been treated after the death of Anthony, it's just been horrible," Daryl Washington said. "And this is just something that we're hoping not only going to bring about change, needed change within the Tarrant County Jail, but it's going to help other families get answers because there's still a number of families who have lost loved ones at the Tarrant County Jail, and they still don't know what happened."
In the suit, Washington represents Johnson's parents, Anthony Johnson Sr and Jacqualyne Johnson. The 31-year-old Marine veteran did not have children.
The legal action is aimed at the Tarrant County Jail, former employees Joel Garcia and Rafael Moreno, and ten John Doe employees who still work there. However, the document ensures the Tarrant County Commissioners Court, Sheriff Bill Waybourn, and a former jail administrator are pointed out but not the suit's focus.
"Anthony is 5'4", 165 pounds. The video shows multiple jailers attacking him," Washington said.
Waybourn released internal footage on May 17th of TCSO employees fighting with Johnson. Jailers said Johnson had superhuman strength as they tried to restrain him. Waybourn said the incident was agitated by a routine cell check for contraband. The sheriff said they found a jail-made shank and razor.
"That shank or whatever was allegedly found in that cell was already there before Anthony got into that cell," Washington said.
According to the suit, the lawsuit claims Tarrant County "failed to remove several items from the cell, including a shank and other items, which could have caused serious harm to Johnson."
Johnson, per the suit, was punched and kicked repeatedly, sustaining broken ribs, contusions, and a subclavian injury. The county medical examiner said his death was a homicide from chemical and mechanical asphyxia.
Investigators said former jail employee Rafael Moreno kneeled into Johnson's back. In the jail-released video, Johnson said, "I can't breathe." But Moreno remained in place for nearly 90 seconds.
"Not one of those jailers thought that you know what, perhaps it would be a good idea to push Moreno off of Anthony so that we can save his life. That might not be a bad idea or a bad thing to do," Washington said.
Sheriff Waybourn said Joel Garcia, who was recording the incident, was Moreno's superior and should have stopped an unsanctioned tactic at TCSO, but he did not. The two were fired, rehired for not being appropriately terminated, and fired again.
Garcia and Moreno were also indicted on a murder charge. They are out of jail on bond.
The Johnsons and Washington have fought to get Waybourn to release a video they said they saw but should be available for public viewing. Waybourn has yet to grant their demand to release any other footage beyond the almost five minutes he gave out as an act of transparency.
TCSO has said images releasing unresponsive or deceased individuals are not department standards.
According to the lawsuit, "Once Johnson was no longer responsive, the Defendant Jailers placed a motionless Johnson in a wheelchair but did not otherwise attempt to provide him with the necessary medical attention. At least one of the Defendant Jailers slapped Johnson in the face..."
The sheriff's office declined to comment on the lawsuit because of pending litigation. The Tarrant County District Attorney's Office would not comment for the same reason even though the office is prosecuting the former jail employees and, typically, represents the county in legal matters.
The suit also listed many of the cases in which people have criticized Waybourn for the number of jail deaths. It's more than 60 since he took office in 2017.
