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

The second week began Monday in the trial of two former Williamson County deputies charged with manslaughter.

AUSTIN, Texas — We are now in the second week of a trial for two former Williamson County deputies. J.J. Johnson and Zach Camden are charged with manslaughter in the death of Javier Ambler

Prosecutors say Johnson and Camden used excessive force and used Tasers on Ambler multiple times while trying to arrest him after a car chase in 2019. 

During the arrest, Ambler said he had a heart condition and could not breathe. Dr. Keith Pinckard, the chief medical examiner for Travis County, answered questions about Ambler's medical history and autopsy report on Monday.

At the time of his death, Pinckard said Ambler was "morbidly obese," defined as when a person's body is overweight to the point that they are at severe risk for diseases that cause death. Pinckard told the courtroom the cause of Ambler's death was a combination of his heart issues, obesity and forcible restraint. 

The state asked why Ambler's death was considered a homicide and not an accident.

"The cause of death essentially had two components to it. The first component was the decedent's severe natural disease, his cardiac disease, congestive heart failure, hypertensive cardiovascular disease. The second component – again, they become related functionally – where because of the struggle and restraint procedures that were happening, all of the events occurring immediately surrounding his death, those actions were simply too much for his heart to take," Pinckard said. 

The defense went on to cross-examine Pinckard, asking him to answer "yes" or "no" on questions surrounding the circumstances of Ambler's death.

"Can you say to a reasonable degree of medical certainty that Mr. Ambler would have lived but for Mr. Camden's and Mr. Johnson's continued efforts to restrain Mr. Ambler after Mr. Ambler first said 'I can't breathe?'" defense attorney Ken Ervin asked. 

"No," Pinckard said.

The other witnesses who testified on Monday were Austin Police Department Officer Michael Nissen and Michele Beitia, the mother of one of Ambler's kids. 

Nissen responded to the scene involving Ambler and other deputies. The jury watched some of his body camera footage from that night, with the state asking Nissen about a Taser being used and whether the deputies gave warnings. The state asked Nissen what he remembers about Ambler's behavior that early morning.

"While you were on scene again assisting with the restraint, did you ever observe Mr. Ambler with a weapon?" the state asked.

"No," Nissen said.

"Did you ever observe him reach for something that you thought might be a weapon?" the state asked.

"No," Nissen said. 

"Did anyone else at any point call out "weapon, weapon" or anything of that?" the state asked. 

"No," Nissen said.

"Was there any indication that he had a weapon?" the state asked.

"No," Nissen said. 

The defense went on to cross-examine Nissen.

"There was nothing to suggest Mr. Ambler was going to comply. He was on a 20-minute pursuit. Some of that I heard on the radio. I saw him crash the second time. He almost hit vehicles stopped at a red light. He almost hit me. He crashed a third time," Nissen told the defense. "There was nothing to suggest at that point Mr. Ambler was going to comply. Knowing that, at least in my mind, it was important for me to help get him into custody first."

The defense is expected to deliver its opening statements on Tuesday.

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