Tarrant County jailers indicted for murder following inmate's death

Two Tarrant County corrections officers have been indicted for murder in the death of inmate Anthony Johnson Jr.

The Texas Rangers say both of the two jailers are expected to be in custody in the coming days.

On April 21, Johnson was involved in a struggle during a routine check of his cell for contraband.

During the struggle, video shows Rafael Moreno Jr. keeping his knee on Johnson's back and shoulders for more than a minute after he had been pepper sprayed and restrained.

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

Lt. Joel 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.

Both Moreno and Garcia were indicted for murder by a Tarrant County Grand Jury this week.

"I know seeing that entire video would have everybody upset about what happened to Mr. Johnson and the manner in which he was treated," said attorney Daryl Washington, who represents Johnson's family in a civil case.

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.

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The indictment was filed on June 25, according to court documents.

"The indictment of Rafael Moreno, Jr. and Joel Garcia is an appropriate step in the right direction considering what we all saw in the video revealing Anthony Johnson Jr.’s last moments of life. Anthony’s family and community members have been anticipating this day to arrive, but it is only one piece of the puzzle," said Washington in a statement.

The Johnsons and their supporters have been vocal with protests and have shared their frustration at county commission meetings, claiming the sheriff's department has exhibited a lack of transparency and accountability for Johnson's death.

"You hear him saying, ‘I can’t breathe, I can’t breathe.’ Those words alone should’ve been enough for them to say we need to get off this guy," said Washington.

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

"The wheels of justice continue to turn in this case," said Tarrant County Sheriff Bill Waybourn in a statement after the indictment. "I said from the beginning that we hold accountable anyone responsible for Mr. Johnson’s death and we are doing that."

Johnson battled mental illness and was arrested in Saginaw after behaving erratically with a knife at an intersection.

The cases against Moreno and Garcia now going to the District Attorney's Office for prosecution.

Since 2017, 63 inmates have died while in custody at the Tarrant County jail, a number which is above the national average, according to Democrat Congressman Marc Veasey.

The head of the jail, Chief Charles Eckert, retired last month amid the controversy.

Washington mentioned Friday that he and the Johnson family will formally address the indictments, likely with a news conference next week. 

"They are hoping that this case here is the catalyst of change," Washington said.

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