Trial in Javier Ambler's death: Dispute arises over whether prosecution withheld evidence

Testimony began Monday in the trial against former Williamson County sheriff's deputies J.J. Johnson and Zach Camden, who are accused of manslaughter in the 2019 death of Javier Ambler II.

Ambler, a 40-year-old father of two, died on March 28, 2019. After a 20-minute vehicle chase that began when Ambler failed to dim his headlights to oncoming traffic, Johnson and Camden used Tasers on Ambler multiple times as he shouted that he had a heart condition and could not breathe. He died moments later.

The encounter was captured by crews from the A&E reality show "Live PD" who were in Johnson's patrol car. The case led Texas to ban partnerships between law enforcement and TV reality shows.

Johnson and Camden face up to 20 years in prison.

The trial will proceed in front of a majority-white jury with no Black members after a judge ruled that the exclusion of two Black potential jurors was not discriminatory. Ambler was Black.

Check back for continued updates on the trial this week.

Prosecutors say they had disclosed a report clearing deputies, despite previously stating that they hadn't

On Friday morning, defense attorneys told state District Judge Karen Sage that prosecutors had just notified them of a Williamson County sheriff's office report that cleared James and Camden. Defense attorneys characterized it as a violation of Brady v. Maryland, which established that prosecutors must turn over all evidence that is favorable to defendants. Prosecutors initially agreed that the report had not been given to defense, but later announced that they had disclosed it to defense lawyers in 2021.

The 2019 report stemmed from a Williamson County sheriff's office internal affairs investigation into Ambler's death, which found that Camden and Johnson's actions were reasonable and did not violate the office's policies.

Prosecutors said that someone at the Williamson County sheriff's office had found the report on a flash drive the previous night and notified them then. When a paralegal searched through evidence, they were initially unable to locate it because the letterhead was different, prosecutor Jeffrey Flanagan said.

Flanagan said the defense should have known that the report had been previously disclosed, given that a defense paralegal had downloaded it on Feb. 19.

Defense attorneys Doug O'Connell and Ken Ervin had initially asked Sage to dismiss the case. Sage did not immediately agree to the defense's motion, but said that the failure to disclose the report was a "clear violation."

Judge notifies jury that prosecutors did not go far enough to disclose evidence of Ambler's warrant

On Thursday, Sage told the jury that prosecutors did not properly disclose evidence of a warrant for Ambler's arrest, which was active at the time of his death. The warrant was for driving with an expired registration, a class C misdemeanor.

Though prosecutors had turned over some evidence relating to Ambler's warrant, they had not disclosed the document itself. On Monday, prior to opening statements, Sage said that this was "troubling."

On body-worn camera footage, deputies react to confrontation with Ambler

Prosecutors on Thursday showed lengthy body-worn camera footage from Williamson County Chief Deputy for Law Enforcement James David Jr. after he arrived on the scene of Ambler's death.

David was captured on his body-worn camera interviewing Johnson and Camden in the immediate aftermath of their confrontation with Ambler. Both deputies described Ambler resisting arrest, saying that it was necessary to use their Tasers on him.

Johnson said twice that he did not mean to hurt Ambler.

Austin police investigation did not implicate deputies, detective says; defense argues evidence in its favor was not gathered

The jury heard extensive testimony Wednesday from Erin Truho, the Austin Police Department detective who led the Special Investigation Unit’s inquiry into Ambler’s in-custody death. Truho said that, at the conclusion of her investigation, she did not find that there was probable cause that Camden and Johnson had committed a crime.

Defense attorneys Ervin and O’Connell also pointed out that neither the Austin Police Department nor the Travis County district attorney’s office downloaded data from a Fitbit bracelet and three cellphones that were found in Ambler’s car. Ervin and O’Connell argued that these devices could have contained information that was beneficial to their clients.

Prosecutor Holly Taylor pushed back, saying that the devices were not relevant to the investigation.

Footage of high-speed chase shown in court

On Wednesday, jurors watched footage of the high-speed car chase and ensuing struggle that ultimately ended in Ambler’s death. It is the first time that video from Johnson’s dashboard camera has been made public.

The 26-minute video showed Johnson pursuing Ambler’s white Honda Pilot, which wove through multiple lanes of traffic and blew through intersections. Two "Live PD" crew members could be seen filming officers as they attempted to take Ambler into custody.

Police say that they were not able to review footage from "Live PD," which was deleted. In a lawsuit, "Live PD" contested claims that it had withheld the video from police.

On Wednesday morning, jurors also heard testimony from Ruby Garson, a “Live PD” producer who was present in Camden’s car while he pursued and confronted Ambler. Garson recalled hearing Ambler repeatedly say, "I can't breathe."

Defense suggests Ambler's medical history, evasion of police contributed to his death

The trial got off to a slow start on Tuesday after a medical emergency temporarily paused proceedings. In the afternoon, the jury heard from Jacob Palmer, a paramedic who treated Ambler shortly after he was shocked with a Taser by police. During his cross-examination of Palmer, defense attorney Ken Ervin implied that Ambler's medical history and decision to evade police played a role in his death.

Medical examiners listed Ambler's cause of death as congestive heart failure and hypertensive cardiovascular disease associated with morbid obesity “in combination with forcible restraint,” according to a report filed with the Texas attorney general's office.

Ervin suggested that Ambler's weight, which Ervin estimated as "over 400 pounds," and history of congestive heart failure would have put him at high risk for cardiac arrest. He also said that the "cumulative" effect of evading police, during which Ambler's vehicle sustained multiple collisions, could have elevated Ambler's heart rate — ultimately leading to cardiac arrest.

On the witness stand, Ambler’s sister remembers him as ‘best friend’

Ambler’s younger sister and only sibling, Kimberly Jones, took the stand as the state’s first witness. She described her brother as someone who was “more of a best friend.”

Jones said people who knew their family would comment that it was “kind of weird” how close they all were, as Jones still lives very close to her parents and other extended family members in Killeen.

Through tears, Jones pointed out who Ambler was in a framed photo presented in the courtroom of him, her two children and Ambler’s son at a Longhorns football game.

Ambler had active warrant at time of death

After the jury was sworn in Monday morning, defense attorney Doug O’Connell asked the jury to be let out of the room for housekeeping matters. O’Connell then presented evidence that Ambler had an active warrant for an expired vehicle registration at the time of his death, something unknown until that morning.

O’Connell said the state failed to provide the defense with this evidence as part of the discovery process, which is against the law. Prosecutor Holly Taylor said the prosecution was unaware of the warrant.

O’Connell asked that the court prevent prosecutors from arguing that Ambler fled for any other reason than his having an active warrant, something Travis County state District Judge Karen Sage ultimately did not allow.

Previously, it was believed Johnson and Camden initiated the chase because Ambler had failed to dim his headlights, but it was not clear if they had any knowledge about Ambler's warrant.

Defense argues deputies acted ‘reasonably’

On Monday morning, defense attorney Ken Ervin gave an opening statement on behalf of Johnson but said the defense would save another opening statement on behalf of Camden for after the state closes its arguments.

Ervin said that Johnson and Camden acted “reasonably” because Ambler led them on a chase, breaking a “litany” of laws in the process. He said Johnson’s and Camden’s actions were justified because they had no idea why he was fleeing in the first place.

While the state argued that Ambler was not resisting officers, Ervin said the defense intends to show that he was resisting them during the struggle.

Ultimately, Ambler’s death was the result of his medical problems from the excitement caused by the pursuit and during the struggle with officers, not because of Johnson’s and Camden’s actions, Ervin said.

State says deputies' actions were ‘unnecessary, unreasonable and unjustified’

Taylor, with the prosecution, said in her opening arguments that the evidence would show Johnson's and Camden’s actions were “unnecessary, unreasonable and unjustified.”

She said Ambler had his hands up when he exited the car after crashing it following the pursuit by Johnson and Camden. Johnson was the first to approach Ambler and gave him only two seconds to comply with his orders to “get on the ground” before shocking him with his Taser, Taylor said.

During the state’s opening statements, Taylor also pointed out the numerous health conditions affecting Ambler, such as a heart condition.

She noted that having a joint investigation into Ambler’s death by the Williamson County sheriff’s office and the Austin Police Department was “unusual,” while also noting that the "Live PD" crews were not interviewed after the incident and later deleted the videotapes.

This article originally appeared on Austin American-Statesman: Trial in Javier Ambler's death: Was evidence clearing deputies withheld?