Robert Chody trial: Judge pauses case against former WilCo sheriff

The trial of former Williamson County Sheriff Robert Chody is now on hold.

The judge in the case hit the pause button after prosecutors filed a motion to appeal a critical decision the judge made against them.

Prosecutors wanted to tell the jury that Chody and former assistant county attorney Jason Nassour committed a crime by allowing video to be erased.

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This is all about the 2019 death of Javier Ambler after he led Williamson County deputies on a chase into Austin for not dimming his high beams. 

The chase and in-custody death was recorded in part by a "Live PD" film crew. Austin police didn't get a warrant for the footage and the film crew was allowed to leave with their equipment. 

The pause in the trial was because the judge ruled that without the warrant, no one had the legal authority to seize the equipment because of a federal privacy law. Without that, prosecutors couldn't prove Chody and Nassour violated any law, and essentially don't have a case. 

Now prosecutors want the appeals court to overrule the judge. 

Defense attorneys wanted the case to continue during the appeal, but the judge declined that request. 

The trial will stay paused until they get a decision from the Court of Appeals. Past appeals by prosecutors were rejected by the appeals court. 

It's not clear how long this decision will take.

The jury was excused on Thursday, and it's not clear when they will come back.

Williamson CountyCrime and Public SafetyAustin