Tarrant County medical examiner rules inmate's death a homicide

The Tarrant County medical examiner has completed the autopsy for Anthony Ray Johnson, Jr., ruling his death a homicide.

The ME lists Johnson's cause of death as mechanical and chemical asphyxia.

Johnson, 31, died at the Tarrant County Jail on April 21.

Attorney Daryl Washington released a statement on behalf of the Johnson family on Friday, saying that the report confirms what they already observed from security camera footage.

“The family of Anthony Johnson, Jr. feels the report from the Medical Examiner’s Office only confirms what was already extremely clear in the video that we saw together. We saw with our own eyes how Anthony was restrained, pepper sprayed, and forced to endure the pain of Jailer Rafael Moreno’s knee on him for over 90 seconds with the assistance of other jailers, while Lt. Joe Garcia and many others watched. We heard Anthony tell them, in his final words of life, that he could not breathe. We are aware that the jailers’ unnecessary use of the pepper spray contributed to Anthony’s death. In an extended video that has not been released to the public, we also saw a continuation of his brutalization after he was murdered. There is no denying any of this, so we are not the least bit surprised and no one else should be. We already knew that everyone involved in Anthony’s death needed to be terminated, criminally charged and prosecuted, and now that process should begin. Today’s ruling is only the beginning because there is still so much more that needs to be done, and we will not stop fighting until we reach the finish line," the statement read.

Community activists are also renewing their calls for Sheriff Bill Waybourn's resignation.

“It would help us to start addressing these deaths, this continual parade of body bags out of the Tarrant County jail," said Pastor Michael Bell with Unity in the Community Coalition of Tarrant County.

There have been 64 inmate deaths at the county jail since 2017.

Bell said the county judge and commissioners also need to do their part, using their authority to restrict the sheriff's office's budget until changes are made, and to hire an independent firm to investigate the jail deaths.

"They are not disposable people, and that's the way they're being treated," Bell said.

Waybourn said Johnson was pepper sprayed during a confrontation with jailers, then held down and restrained, when he became unresponsive.

Waybourn fired two jailers in May over the incident, one for using a technique not approved by the sheriff's department and another for allowing the technique to be used and for failing to respond to the urgency of the situation.

"The two team members that were terminated was one Officer Rafael Moreno and he was using a technique that number one he was not trained to do and number two that we do not tolerate nor do we want done," Waybourn had said. "The second one was Lt. Joe Garcia. Lt. Garcia was terminated on the basis that not only was he there, he was in charge and he was allowing this to occur. He also did not respond to the urgency of the situation. He was not urgent in carrying out his duties and that had a detrimental effect."

Waybourn since withdrew the terminations and placed the employees on administrative leave, citing guidance from the District Attorney's Office.

“During that meeting, I was advised that I may be required to withdraw the termination of two employees who had been fired after the in-custody death of Anthony Johnson, Jr. The requirement to withdraw those terminations is due to Civil Service Administration guidelines. In my opinion, the IAD investigation had reached a point that would allow for termination. The Tarrant County District Attorney’s Office advised that additional steps must be taken in order to appropriately complete the process under the rules of Civil Service. Though I do not agree, under an abundance of caution, I withdrew the terminations in order to assure that the process was completed and all evidence was gathered for this administrative purpose. Both employees will remain on administrative leave and the investigation will continue," Waybourn said in an emailed statement.

"The Sheriff of Tarrant County should be able to promptly terminate someone when there is evidence of egregious behavior. This is a troubling development, but I want to assure the citizens of Tarrant County that this does not change my commitment to getting justice in this case," he added.

NBC 5 reached out to Waybourn's office to ask if the ME's determination will affect the department's investigation, and are still waiting to hear back.

NBC 5 also asked the same of the Texas Department of Public Safety's Texas Rangers, which is conducting a criminal investigation into Johnson's death. We are still waiting to hear back.