AUSTIN, Texas — The trial for two former Williamson County deputies charged with manslaughter will continue after the judge denied a request to drop the charges.
KVUE Senior Reporter Tony Plohetski said Friday morning that the judge in the trial – which focuses on charges against former deputies Zach Camden and J.J. Johnson, in connection with Austin man Javier Ambler's death in 2019 – has cited multiple violations of state and federal law by prosecutors and is now considering what the penalties for the state will be.
The issue centers on material that Williamson County Sheriff's Office officials notified prosecutors of on Thursday night, saying it had recently been discovered. Still, Judge Karen Sage said prosecutors have a legal obligation to find and provide all evidence to the defense.
Shortly before 11 a.m. Friday, prosecutors announced that a further examination confirms that they did, in fact, provide the information to the defense attorneys in 2021. The prosecutors cited documentation and accused the defense of possibly intentionally trying to misrepresent disclosure matters.
However, Sage has denied a request from the defendants to drop the charges against them.
The trial so far
Johnson and Camden are charged with manslaughter in connection with the death of Javier Ambler, who died in March 2019 after a Taser was used on him repeatedly.
Opening statements were made and testimony began on Monday morning. After both sides made their opening statements, Ambler's sister, Kimberly Moore, testified as the family's spokesperson.
On Day 2 of the trial, the jury heard from Sgt. Robert Gilbert, who discussed standard law enforcement practices, and Sgt. Billy Parks with the Austin Police Department, who assisted with the scene afterwards and collected the Tasers used on Ambler. The jury also heard from Jake Palmer, a paramedic with Austin-Travis County EMS who treated Ambler; Ron Baldwin, a digital evidence coordinator with the Williamson County District Attorney's Office; and Det. Erin Truho, the case's lead detective.
Day 3 included testimony from Ruby Garson, an associate producer and coordinator from the show "Live PD," who was working when the encounter between the deputies and Ambler took place. The jury also heard more from Truho.
On Day 4, the jury heard from James David, the assistant chief over law enforcement for the Williamson County Sheriff's Office, and two "Live PD" crew members, Jeffrey Miles Moriarty and Colin Mika.
Background on this case
Johnson and Camden are accused of manslaughter after video showed them using Tasers on Ambler multiple times as he shouted that he could not breathe and had a heart condition. The KVUE Defenders first uncovered details of Ambler's death nearly four years ago.
Body camera video showed the clash between Ambler and the Williamson County deputies in March 2019. The deputies had chased Ambler for 22 minutes into Austin in a pursuit that started because Ambler failed to dim his headlights – all while the show "Live PD" filmed.
For four years, Ambler's sister, Kimberly Moore, has pushed for justice – now, in a criminal court.
"He was my advocate here on Earth, so I feel like I need to be his advocate when he's not here," Moore told KVUE. "I need to be able to allow people to see who we lost and what our family is having to deal with."
Jury selection began last Tuesday morning, with opening statements on Monday morning. Prosecutors are expected to argue that Ambler died because of a thirst of dramatic television and ratings and that the deputies used excessive and unjustified force.
In a statement, the district attorney's office said, "The Travis County District Attorney's Office is committed to seeking justice on behalf of Javier Ambler and his family and is ready for trial."
Defense attorneys for the deputies likely will try to convince jurors that Ambler resisted arrest and that the Tasers were necessary for him to comply. They also are expected to suggest that Ambler had multiple health issues that led to his death – not the Taser use.
Attorney Ken Ervin, outside a recent pre-trial hearing, said, "The defense is that our clients acted in accordance with our training and the law."
Ambler's sister said she plans to be in court as the case unfolds.
"My brother's life was taken ultimately," Moore said. "It was taken from him, it was taken for us, and it was taken from his children, and definitely we want justice for that."
This case also led to the indictments of then-Williamson County Sheriff Robert Chody and Assistant County Attorney Jason Nassour. They were accused of participating in the destruction of the “Live PD” footage that showed Ambler's death. Their cases are still pending in Travis County.
KVUE reported prior to the start of the trial that the jury has no Black members.