For the first time since the Tarrant County Medical Examiner ruled Anthony Johnson, Jr.'s death a homicide by asphyxiation on Friday, his family voiced their pain.
“The ME’s report was exactly what we thought it was going to be," said Johnson's mother, Jacqualyne, during a press conference on Tuesday afternoon.
The family said although the report was validating for them, it was also re-traumatizing.
“I not only got to birth my son, but I also got to see him die," Jacqualyne said.
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But, they are hopeful about the next steps: Family attorney Daryl Washington said after meeting with the Tarrant County District Attorney, he's 'confident' criminal charges will be brought against at least two people involved in Johnson's death, by the end of the month.
The DA's office told NBC 5 that they do not comment on pending investigations.
In response to the ME's report, Tarrant County Sheriff Bill Waybourn's office released a statement saying, "The finding of chemical asphyxiation can be attributed to the use of OC spray along with the presence of methamphetamine as a contributing factor."
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“I promised my family and I promised my son that I would not allow his name to be assassinated. He is dead. He’s paid for his sins. All this about the meth being a possibility, no. It was the pepper spray. It was the knee on his back," Jacqualyne said.
Waybourn's office said the ME's report moves "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."
“Despite the political grandstanding of some, this case will go forward and all corroborated facts will be presented in the halls of Justice,” Waybourn wrote.
So far, no criminal charges have been filed in the case.
Waybourn has put two people on paid administrative leave over Johnson's death: Officer Rafael Moreno, who placed a knee on Johnson's back, and Lt. Joe Garcia, a supervisor present during the incident who Waybourn said should have intervened.
Garcia's attorney, Randy Moore, released a written statement, concerned about his client's right to a fair trial.
"The continued inflammatory comments made about my client in the media will likely result in the inability to obtain a fair trial if criminal charges are brought, which is a fundamental component of justice being demanded. As the Sheriff has said previously, 'all corroborated facts will be presented in the halls of justice,' and when that occurs, the facts will show no fault by my client," Moore wrote.
Moore said his client was on the scene for less than four minutes "until deferring to medical," and that Garcia followed policy during that time.
"He is saddened by the outcome as well as the public persecution he has received prior to a complete investigation being conducted and release of the full video along with policies and training actually practiced at Tarrant County Sheriff’s Office," Moore wrote.
"He’s saddened at the loss of life. No officer wants that. He’s also saddened by the fact there were about 20 people involved and for unknown reasons, only two were singled out by the Sheriff. There were supervisors giving commands prior, during and after Garcia’s limited involvement. The timeline shows he did what he could as he was able. I will also say that Garcia’s sense of urgency as questioned was influenced by the on scene medical personnel, which has not been shown to the public yet," Moore added.
When asked for Moore's reaction to Washington's confidence that charges will be brought against at least two unnamed people in the case, Moore said, "I expect with as much publicity and pressure they are putting on the DA that would not surprise me. I expect a full, complete, fair and objective investigation first."
Washington said he agrees with one part of Moore's statement, that there were several people surrounding Johnson during his final moments that all need to be held accountable.
“What about the other individuals that stood around and did absolutely nothing?” Washington said.
“I want you to erase AJ from there and put your loved one there. And then ask, ‘Is there any accountability?” Johnson's father, Anthony Johnson Sr., said.
NBC 5 asked Waybourn if he is considering more penalties for more people.
"We’ll wait for the investigation to be completed by the Texas Rangers. Once that is concluded, we will review their findings and as I’ve stated from the very beginning, we will hold those responsible for Mr. Johnson’s death accountable," he wrote to NBC 5.
The Johnson family reiterated their calls on Tuesday for the full incident video to be released.
In email responses to NBC 5, Sheriff Waybourn said he has "no intention of releasing the full video to the public," because it's against the office's standards "to release video and/or still images of unresponsive or deceased individuals."
NBC 5 also asked for Waybourn's response to calls for his resignation, which includes calls from family, pointing to more than 60 deaths at the jail under his watch.
"I really feel for the family and the loss of their son. Those calling for my resignation are activists playing political theatre. They are operating off a false narrative regarding the jail deaths. You need to give appropriate context and attribute the cause of death for these 64 individuals. No one seems to want to report this information. You only want to tell part of the story. More than half of those who died had chronic medical conditions and died under the medical care of JPS," Waybourn wrote, attaching the below presentation slide that breaks down the deaths.
The Johnsons also want a federal investigation by the Department of Justice into all the jail deaths.
"This jail needs to be investigated so that there is not another homicide," Jacqualyne said.
She called on her commissioner, Manny Ramirez, to join Commissioner Alissa Simmons in sending that formal request.
Congressman Marc Veasey has also joined that call.
His office said Veasey sent a letter to the assistant attorney general on May 23 and followed up on May 28 after another inmate, Chasity Bonner, died.
"It is imperative that the Department of Justice take action to restore the health and safety of incarcerated individuals and employees within the county’s jail system. No amount of settlement, including the largest settlement payout in county history stemming from the 2020 death of a baby born unattended at the Tarrant County Jail, can adequately rectify the injustices occurring within prison and jail facilities. At this point, only an immediate investigation into the disturbing sequence of deaths at the facility can reinstate accountability in Tarrant County Jail,” Rep. Veasey wrote in a statement.
The Johnsons said they want lasting change at the Tarrant County Jail.
“Parents are not supposed to bury their children, and they don’t want this to happen to anybody else," Washington said.
