TYLER, Texas — Editor's Note: The above video is from May 2022.
A Tyler man accused of causing a house fire with a lit cigarette that killed his half-brother with special needs in May has been indicted for arson.
Grand jurors handed down the indictment for Robert Harrison Johnson IV, 32, charging him formally with arson causing bodily injury or death on Aug. 25, according to online court records.
The Smith County Fire Marshal's Office arrested Johnson in connection with the May 18 death of his half-brother Jack McKenzie Ross, 35. Johnson remains in the Smith County Jail on a $1 million bond.
The fire marshal's office said Ross, who is physically and mentally disabled, died following the house fire in the 11300 block of County Road 1113 in southwestern Smith County. Johnson was able to escape the fire before fire departments arrived.
After an investigation led to officials believing Johnson intentionally set the fire and left the property, Johnson was arrested on June 10 at a home in Desoto.
According to an arrest affidavit, Johnson on June 2 told investigators he didn’t tell anyone what really happened the day of the fire because his family doesn’t like him.
Johnson told the detective that he was smoking a cigarette around 5 p.m. in his bedroom, which is next to Ross’ room. The embers fell out of the cigarette and landed between his feet on a towel that was on the floor, the affidavit read.
As the towel began to smoke, he said he felt the need to leave, and a “ghost” prevented him from putting the flames out. He added spirits made him leave the house while his brother was on the other side of the wall, the document explained.
When asked if he helped Ross, Johnson said, “No, they forced me out."
After leaving the house, Johnson said he went to get a cigarette and go for a walk. When he returned, their mother was yelling and crying, according to the affidavit.
Brooks’ body camera footage from the night of the fire showed Johnson had “absolutely no emotion or remorse” over the loss of his brother. Johnson initially said a fan caused the fire, not mentioning his cigarette igniting a towel, the affidavit read.
Johnson made no attempt to extinguish or report the fire or save his brother’s life, the document stated.
Their mother told the fire marshal’s office that Ross had a stroke at 2 years old, causing him to not be self-reliant, including an inability to walk, speak or dress himself. She said Ross could not use his legs from the knee down and he had the mindset of a young child, the detective wrote in the affidavit.
On May 24, roughly a week after the fire, Ross’ older brother, who does not live at the Tyler residence, said he believed Johnson’s drug use and jealousy toward Ross factored into Ross’ death, the document read.
The older brother said when he confronted Johnson he shouted, "I didn't mean to kill him, I didn't mean to kill him," the affidavit detailed.