Tarrant County jailers charged in inmate's death arrested, Texas DPS says

Jailers charged in inmate's death arrested

Texas DPS announced the arrest of two corrections officers indicted in connection to the death of 31-year-old Marine veteran and inmate Anthony Johnson.

FORT WORTH, Texas - Texas DPS announced the arrest of two corrections officers indicted in connection to the death of 31-year-old Marine veteran and inmate Anthony Johnson.

Rafael Moreno and Joel Garcia were indicted for murder by a Tarrant County Grand Jury last week.

Texas DPS says Rafael Moreno turned himself in to the Tarrant County Sheriff's Office on Saturday. Garcia turned himself in to the Parker County Sheriff's Office on Friday.

Moreno posted a $125,000 bond and was released. A bond condition places Moreno on house arrest while wearing a GPS ankle monitor.

Garcia also bonded out, but the conditions of the bond are not yet available online.

Rafael Moreno (left) Joel Garcia (right)

The indictment came after 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.

Video of the confrontation on April 21 shows Johnson involved in a struggle during a routine check of his cell for contraband.

During the struggle, Moreno kept his knee on Johnson's back and shoulders for more than a minute after Johnson had been restrained.

Lt. Garcia, who was a supervisor at the time, recorded the incident on his phone, which Sheriff Bill Waybourn says delayed the process to summon medical help.

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

Johnson, a 31-year-old Marine veteran who battled mental illness, was in jail after being arrested in Saginaw for behaving erratically with a knife at an intersection.

Family of Tarrant Co. inmate to speak about his death

The family of an inmate who died at the Tarrant County jail earlier this year plans to speak out for the first time since two jailers were charged in connection to his death. Those two jailers are now out on bond.

Russell Wilson, a criminal defense attorney and former prosecutor not related to the case, says Moreno might claim in court that he was following orders and did not think he was causing harm. If found guilty, there’s a wide range of punishment.

"The range of punishment for murder in Texas is 5-99 years. You’re not eligible for probation," Wilson said.

The Texas Rangers investigated, and a grand jury was presented the case. A group of jailers are seen on video, but only two were indicted.

Alex Del Carmen is associate dean of criminology at Tarleton State University. He says the video shows a "blatant violation of use of force policies."

VIDEO: Jailer kneels on Tarrant County inmate

31-year-old Anthony Ray Johnson died on April 21 following a struggle with corrections officers at the Tarrant County Jail. Two jailers were fired on Thursday because of the incident.

"They violated internal policy, and they committed a crime," he said. "They engage in an emotional response that oftentimes leads to somebody’s injury and, in this case, death."

"We know that this has been a painful, and at times, a prolonged process for the family of Anthony Johnson, but now this case moves to the next step in the judicial process," said Texas DPS Regional Director Jeremy Sherrod in a statement.

Moreno and Garcia were fired after the incident but were then reinstated due to improper protocol with their terminations.

Both Moreno and Garcia will remain on administrative leave while the investigation continues, according to Sheriff Waybourn.

Garcia’s attorneys released a statement saying they are confident a jury will find that he "committed no crime in discharging his duties as a Tarrant County Sheriff’s Office lieutenant with nearly 25 years of devoted service."

Johnson's family plans to hold a news conference about the arrests on Tuesday at noon at the Tarrant County Administration Building.