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'It wasn't a crime' | Defense gives opening statements in Javier Ambler death trial

The jury could start deliberating as early as Thursday.

AUSTIN, Texas — The defense started calling its witnesses in the trial of two former Williamson County deputies charged with manslaughter.

Prosecutors say J.J. Johnson and Zach Camden used excessive force when arresting Javier Ambler and used Tasers on Ambler multiple times after a car chase in 2019. During the arrest, Ambler said he had a heart condition and could not breathe.

Defense attorney Doug O'Connell gave his opening statement, saying this case involves "choices" Ambler made. An example O'Connell gave was Ambler's choice to not deal with an unregistered vehicle citation that turned into an arrest warrant.

Other examples were Ambler choosing to not pull over when Johnson turned his lights on and making a choice to keep driving after his first crash, then leading the deputies on a 22-minute chase. O'Connell also said Ambler chose to not take medicine critical to keeping him alive and that evidence in this case will show his last refill was about 40 days before the date of the incident.

O'Connell also said the jury will meet the instructor who taught the deputies how to use a Taser.

RELATED: Chief medical examiner, Austin police officer testify in trial over 2019 death of Javier Ambler

"This was a tragedy, but it wasn't a crime. Given the totality of circumstances, everything these men did was reasonable, not reckless. And when you hear all the evidence, we're confident that you'll return a verdict of not guilty," O'Connell said.

Prosecutors said Ambler had little time to comply before a Taser was deployed and that the deputies used excessive force.

The defense went on to call its first witness Mark Sawa, a retired major from the Travis County Sheriff's Office, who said Camden and Johnson's use of force was reasonable and lawful given the totality of circumstances.

During the state's cross-examination, a prosecutor brought up the names of previous consultants the state has worked with on this case, like Roger Alma Clarke and Chuck Joyner. Clarke testified earlier in the trial that Ambler posed no level of threat, while Joyner reportedly told the District Attorney's Office that the deputies' conduct was not illegal and was reasonable.

RELATED: Use of force expert, forensic medicine consultant testify on Day 5 of trial of former Williamson County deputies

The state also reviewed more video footage of the encounter between the deputies and Ambler, with prosecutor Dexter Gilford asking Sawa about compliance.

The other witness who testified Tuesday was Jason Evans, who works as a project engineer with Knott Laboratory, performing investigations and reconstructions of vehicle accidents.

Testimony is expected to start back Wednesday morning. The jury could start deliberating as early as Thursday. 

The defense also plans to do a Tasing demonstration on one of its attorneys for the jury to see.

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