Tarrant County Lieutenant addresses jailhouse murder accusation

DALLAS — Lt. Joel Garcia and Officer Rafael Moreno are out of jail on a $125,000 bond after getting indicted for the murder of Anthony Johnson Jr.

Garcia responded to the charge.

A Tarrant County Grand Jury doesn't think Johnson's death was unintentional—the charge of murder in the jailhouse death of Anthony Johnson Jr. According to Tarrant County Medical Examiner, the death was a homicide caused by mechanical and chemical asphyxia.

The criminal indictment said it was because Officer Rafael Moreno's knee, in Johnson's back, killed him. Sheriff Bill Waybourn said the tactic is against TCSO policy. Waybourn fired Moreno and Garcia. He said Garcia should have stopped Moreno as a supervisor.

William "Reagan" Wynn, Garcia's attorney, sent a statement to CBS News Texas.

"Joel is heartbroken about the tragic accidental death of Mr. Johnson at the jail in April," the statement reads.

Garcia surrendered to the murder charge in Parker County, according to online records. Moreno went to the jail where he works. Tarrant County told CBS News Texas the two are still employed. The two are on paid administrative leave.

Waybourn fired two for the April 21st death. However, he had to reinstate the employees because he failed to follow the termination protocol.

Johnson, a 31-year-old Marine Veteran, died after a confrontation with Tarrant County Detention officers. The county sheriff said the altercation started from finding a shank and a jail-made razor in Johnson's cell during a routine shakedown.

Johnson's family and attorney said he was having a mental health crisis that evolved into a killing. The family plans to hold a news conference after attending the Tarrant County Commissioners meeting on Tuesday, July 2. They are expected to address the murder charge for the first time.

In the meantime, Garcia's legal team, Wynn and Kelly Meador, said they were aware of the indictment.

"While the prosecutors have had more than two months to review this matter, we are only now going to have access to all of the investigative materials. We will be conducting a thorough independent investigation and are confident a jury will ultimately determine Joel committed no crime in discharging his duties as a Tarrant County Sheriff's Office Lieutenant with nearly 25 years of devoted service."

Attorneys for Moreno were both in legal proceedings Monday and have not responded to CBS News Texas.