Tarrant Co. approves up to $30k in additional legal fees for jail death lawsuit

TARRANT COUNTY, Texas - The Tarrant County Commissioners Court on Wednesday approved up to $30,000 in legal fees to hire a new attorney to represent a county employee named in a 2024 jail death lawsuit.

Anthony Johnson, Jr. was killed during an altercation with Tarrant County jail staff on April 21, 2024. 

What we know:

In a 3-2 vote, commissioners authorized the hire of an outside attorney to represent JaQuavious Simmons. County Commissioners Roderick Miles and Alisa Simmons voted "no."

Court documents state Simmons was one of two detention deputies that sprayed pepper spray directly into Johnson's mouth, causing him to choke and have difficulty breathing.

Simmons will now be represented by Richardson attorney Mark Goldstucker.

In a letter submitted by Goldstucker, he notes his hourly rate as $300 per hour.

"The Law Firm will endeavor, however, to complete this assignment for less than $30,000 if at all possible," Goldstucker said in a letter to the county. "In the event the billing reaches $30,000, the Law Firm shall brief the Tarrant County Commissioners Court on the budget and request an additional reasonable amount to complete the matter."

Simmons' former attorney, Lynn Winter, stepped down after taking a role in a corporate setting that does not allow the attorney to take outside work.

Tarrant County Commissioners Court meeting

Johnson's father, Anthony Johnson, Sr. spoke during Wednesday's meeting asking the court to oppose funding.

What they're saying:

"Trapped in the moments of my mind are my son's last moments and those last minutes," Anthony Johnson, Sr. said. "It's horrific."

He said the video is so horrific that he has to learn to deal with it on a "day-to-day basis."

Johnson's father wasn't the only person to speak in opposition to the motion.

"Why don't, for once, you show this family some respect and do what's right and that is to deny, deny, deny this ridiculous motion," Jimmy Blackwell said.

Bishop Kirkland went as far as to call for the commissioners to recall Tarrant County Sheriff Bill Waybourn.

"More money, more money, more money," Kirkland said. "My village is asking this body to stop your bald-faced lying that you are powerless against Wild Bill."

Wrongful Death Lawsuit

The family of Anthony Johnson, Jr. sued Tarrant County and several jailers for his wrongful death.

Johnson, a 31-year-old Marine veteran, died on April 21, 2024, while in custody at the Tarrant County jail.

The lawsuit alleged unconstitutional use of force, failure to train employees, and failure to provide medical care.

In February, U.S. District Court Judge Reed O’Connor dismissed the lawsuit against Tarrant County and six jailers.

The case remains against the jailers that were most directly involved with Johnson's death.

Anthony Johnson’s Death

The backstory:

Johnson died after officials said he got into a struggle with corrections officers during a routine contraband check.

A video clip then shows one jailer putting a knee on Johnson’s back. He was also pepper sprayed, according to a news release.

Court documents state JaQuavious Simmons and another jailer sprayed pepper spray into Johnson's mouth multiple times.

Johnson was then handcuffed and placed on the ground where security video shows Rafael Moreno keeping his knee on Johnson's back and shoulders for more than a minute after he was restrained.

"I can't breathe," Johnson, a 31-year-old Marine veteran, can be heard saying in the video.

Moreno and Lt. Joel Garcia were both indicted for murder.

Garcia was the supervisor at the time of Johnson's death and recorded the incident on his phone, which Waybourn said delayed the medical response.

The Tarrant County Medical Examiner's Office ruled that Johnson's death was a homicide, listing mechanical and chemical asphyxia as his cause of death.

The presence of methamphetamine was also listed as a contributing factor.

Tarrant CountyCrime and Public Safety