Death of Anthony Johnson, who died in custody at the Tarrant County Jail in April, ruled a homicide

Johnson’s cause of death was listed as asphyxia (mechanical and
chemical), according to the Tarrant County Medical Examiner’s OfficeFORT WORTH, Texas — The Tarrant County Medical Examiner’s office Friday classified the
death of 31-year-old Anthony Johnson as a homicide. Johnson, a former Marine, died on April 21 in the Tarrant County Jail’s custody after a struggle
with jailers outside his cell. Examiners ruled that Johnson died from mechanical and chemical
asphyxia, meaning he could not get enough oxygen because his airways were restricted by a
chemical and a physical force or object.hows Officer Rafael Moreno kneel on Johnson’s back for 90 seconds.
Deputies also used pepper spray during the incident, Tarrant County Sheriff Bill Waybourn
confirmed in May, though the medical examiner’s report did not name the chemical affecting
Johnson’s breathing.
Johnson can be heard saying he “can’t breathe” in video the Tarrant County Sheriff’s Office
released.
More details from the medical examiner were not immediately available. The Tarrant County
Sheriff’s Office has not responded to WFAA’s request for comment Friday.
“We already knew that everyone involved in Anthony’s death needed to be terminated,
criminally charged, and prosecuted,” said Daryl K. Washington, the attorney Johnson’s siblings
have retained. “Now, that process should begin.”
The Texas Rangers are leading the investigation into the incident, but would not comment
Friday because their work is not complete. For the same reason, the Tarrant County District
Attorney’s office declined to say whether it intends to prosecute Moreno or any jailers
involved.
The homicide ruling does not necessarily mean criminal wrongdoing led to Johnson’s death. A
person can kill another person without committing a crime, though defense lawyer Lisa Herrick
told WFAA she believes the Tarrant County Medical Examiner’s definition of “homicide” is
similar to the criminal definition.
Herrick, a partner attorney at Varghese Summersett who is not involved in this case, provided
legal analysis to WFAA. She said homicides must be “knowing, reckless, or criminally negligent”
to merit prosecution.
The district attorney will ultimately decide whether any jailer committed a crime, she said.
“The prosecutor is going to have all the evidence before them before they’re required to make
that decision,” Herrick added. “At this point, the investigation is still ongoing. We don’t have
answers to all the questions, so it’d be speculative to say one way or the other right now.”