Anthony Johnson Jr.’s death in Tarrant County Jail ruled a homicide by asphyxiation
A Tarrant County medical examiner has ruled the death of jail inmate Anthony Johnson Jr. a homicide, potentially opening the possibility of criminal charges.
The autopsy findings cite asphyxia from use of force and pepper spray as the cause of death.
Johnson, 31, died at the Tarrant County Jail on April 21, after he had been arrested in Saginaw during what his family says was a schizophrenic episode. He resisted jailers during a cell check and was pepper-sprayed before being handcuffed and held on the floor improperly with a detention officer’s knee on his back, according to partial video of the altercation released by the Sheriff’s Office.
It’s against jail policy to keep a person in custody face down after he or she has been handcuffed. Two jail employees were fired, but later reinstated and put on leave because civil service procedures weren’t followed in their termination.
Daryl Washington, the Dallas attorney representing the Johnson family, told the Star-Telegram he was not surprised by the cause of death.
“The video spoke for itself, the way he was treated was inhumane. So we’re not surprised by it at all,” Washington said. “I think it gives the family as well as the public some comfort and confidence in the process to know that what they witnessed happened to Anthony. That there is no autopsy report that came out that tried to make people believe that what they saw with their eyes was not the truth.”
A Sheriff’s Office spokesperson acknowledged the autopsy in a statement Friday evening.
“The Medical Examiner’s findings move the justice process forward. However, it is important to note the case remains open and currently under investigation of the Texas Rangers as well as TCSO Internal Affairs,” the statement read.
The statement included a comment from Republican Sheriff Bill Waybourn that appeared to be a veiled response to Democratic Commissioner Alisa Simmons, a fervent critic who has sought a federal investigation into the jail. “Despite the political grandstanding of some, this case will go forward and all corroborated facts will be presented in the halls of Justice,” Waybourn’s statement said.
Amid mounting pressure to produce information about how Johnson died, the Sheriff’s Office and Texas Rangers in May released the partial video of the incident. The footage shows what happened until the moment jailers get off Johnson’s motionless body.
Johnson’s family has demanded release of the full video and repeatedly chastised county commissioners over what they’ve described as a lack of transparency in the jail.
They have called for criminal charges to be brought against all jailers involved in the altercation that led to Johnson’s death.
Washington repeated those calls Friday.
“Everybody who was in the vicinity should be terminated. Including the nurses who gave him absolutely no attention at all,” Washington said.
The family has seen the entire video and say it shows delays in rendering aid to Johnson after jailers and JPS medical staff could see he was not moving.
“It’s bad,” Anthony Johnson Sr. told the Star-Telegram in late May. “When they release the video, you’ll see. It’d be something for you to see. It’s just inhumane. My son didn’t deserve that.”
Johnson’s mother, Jacqualyne, told the Star-Telegram that the unreleased footage shows a lapse of up to eight minutes between the time that jailers found him to be unresponsive and the moment medical staff began to give him resuscitation measures. The family says the JPS hospital medical staff who are assigned to the jail should be held accountable, too.
She saw the medical workers “smack him and try to rub his chest to make sure he wasn’t faking. He was lifeless, like a rag doll. I can’t express it any other way,” she said. “Even the correctional officers should have turned him over to give him CPR when they realized he was not responding. They did nothing.”
JPS told the Star-Telegram in May that it had determined that no disciplinary action was warranted for its medical staff who were involved. Upon follow up questioning, the hospital said its representatives had not seen the full unreleased footage of the altercation.
Randall Moore, who is representing Lt. Joel Garcia, one of the jailers fired in connection with Johnson’s death, echoed calls for the release of the video and for action to be taken against more jail staffers over text to the Star-Telegram Friday evening.
“My client expresses condolences to the family. There are still so many questions that need to be answered. I have not yet seen the autopsy or blood test results. I question why is it only my client and Officer Moreno are being held accountable when inmates keep dying after rank and file employees are no longer working the jail,” Moore said.
Moore also raised questions about the retirement of executive chief deputy of confinement for the Tarrant County Jail, Charles Eckert last week.
“Why was the executive chief allowed to retire and no other supervisors, officers and medical staff are being held accountable? The real question is what happened before my client got there,” Moore said.
Eckert told the Star-Telegram his retirement had nothing to do with deaths in the county jail.
A spokesperson for District Attorney Phil Sorrells said his office doesn’t comment on pending investigations. Sorrells has denied requests to release the entire video.
Washington expressed some confidence that Sorrells would pursue criminal charges.
“I do believe with the evidence that’s going to be made available to them, that the right things are going to be done. There was no reason why Anthony should have been killed,” Washington said.
But he added that the cause of death ruling was still hard on the family.
“It’s like receiving that first call that Anthony was dead. That’s how tough it is for the family today,” Washington said. “The family appreciates all the prayers that the public has given. We know that this is just the first step.”
Johnson, a former Marine, was having a mental health crisis before his arrest. His family tried to admit him to WellBridge Healthcare, a Fort Worth mental health hospital, on April 19 but he was turned away. According to the family, the hospital told them Johnson could not be admitted because he was not violent toward himself or others.
Johnson was arrested later that day in Saginaw, according to the Tarrant County Sheriff’s Office. Saginaw police found him at an intersection wielding a knife.
Washington said Friday that problems in the jail have been known for years.
“The Tarrant County sheriff, the judge and everybody who was aware of the issues that have been going on at that jail, for years now, ought to be ashamed of themselves,” Washington said. “They could’ve have prevented Anthony’s death and they didn’t.”
Simmons, who has been the most vocal commissioner about the rising number of deaths at the jail, put out a statement Friday afternoon on the cause of death ruling.
Simmons said her heart goes out to the Johnson family and also echoed calls for accountability for the individuals involved in Johnson’s death
“The accountability I am calling for includes the filing of applicable charges for all involved to include detention officers, supervisors, and medical personnel. The shocking tactics displayed in the limited video that was released make clear that Sheriff Bill Waybourn is ultimately responsible for this tragedy,” Simmons said.
Simmons, who has called for a federal investigation into the jail, concluded her remarks by saying she has a meeting with Justice Department personnel next week.
Congregation members of Broadway Baptist Church have advocated for better conditions in the jail. The Rev. Ryon Price released a statement about Johnson’s cause of death.
“The in-custody death of Anthony Johnson Jr. was yet another unnecessary and outrageous event in the Tarrant County Jail. Today’s homicide determination is a critical finding which should compel the Tarrant County District Attorney to act quickly to bring those involved in Mr. Johnson’s death to account,” the statement said.
“We join with other community leaders in calling for swift response from the DA in this case and reiterate our call for a Department of Justice investigation into the broader and systemic issues continuing to plague the Tarrant County Jail.”
The Sheriff’s Office says 58 people have died in custody from 2017 to 2023, not including six this year. Thirty-two of those inmates died due to natural or medical reasons, according to the data. Eleven died due to COVID, six died by suicide, and one by homicide. Three of the 58 deaths were accidental, three others died due to fentanyl poisoning, and one died from injuries after a shootout with U.S. Marshals. The causes of five of the deaths are pending investigation.
This story was originally published June 7, 2024 at 12:46 PM.
