Tarrant County Paying to Both Prosecute and Defend Former Jailers

A KERA News report details the unusual situation in which Tarrant County is both prosecuting and defending two former jailers charged in the 2020 jail death of Javonte Myers. The county is paying outside attorneys to defend Darien Kirk and Erik Gay in a civil rights lawsuit, even as the men face criminal charges for falsifying inmate checks. Civil rights attorney Dean Malone, who represents Myers’ family, filed the lawsuit alleging that jail staff ignored Myers’ known seizure disorder, leading to his preventable death.

Under Texas law, counties must provide legal representation for employees sued for actions taken in the course of their duties — even if those same actions lead to criminal prosecution. The case highlights systemic accountability issues within the Tarrant County Jail, where multiple deaths and neglect claims have led to public scrutiny and multimillion-dollar settlements involving families represented by the Law Offices of Dean Malone, P.C.

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