Williamson County DA filing to dismiss charges in Javier Ambler case

AUSTIN, Texas - Williamson County District Attorney Shawn Dick announced Wednesday afternoon that he will be filing to dismiss the Williamson County charges surrounding the death of Javier Ambler.

In a joint press conference with Travis County District Attorney José Garza, Dick said that the move is part of a joint effort between the Williamson County and Travis County district attorney's offices.

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"What began as a joint investigation will continue as a joint prosecution," Dick said.

Prosecutors from the Williamson County District Attorney's Office have been sworn in alongside members of the Travis County DA's Civil Rights Unit as special prosecutors, joining their prosecution in the case against former Williamson County Sheriff Robert Chody and former general counsel for the Williamson County Attorney's Office Jason Nassour. 

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In March of this year, a Travis County grand jury returned indictments against Nassour and Chody for the third-degree felony charge of Tampering with Physical Evidence for events surrounding the death of Javier Ambler. 

The cases are currently pending in the 299th Judicial District Court.

WHAT HAPPENED TO JAVIER AMBLER?

Javier Ambler was killed during an altercation with Williamson County deputies. On March 28, 2019, deputies pursued Ambler's car from Williamson County into Travis County where he died while deputies were trying to take him into custody. Deputies pursued him because he allegedly failed to dim his headlights to oncoming traffic. 

After crashing his vehicle near the intersection of Saint John’s and Bennett, deputies struggled to handcuff Ambler, resulting in the use of a stun gun several times.

Police body camera video from the APD of Ambler’s death shows the gasping 400-pound man telling the deputies that he wants to comply with their demands but that he can’t because he has congestive heart failure.

"I am not resisting," Ambler cries. "Sir, I can’t breathe. ... Please. ... Please."

A Live PD camera crew was also on the scene at the time of Ambler's arrest, shadowing deputies as part of the show, but the incident was never broadcast and video was deleted. Big Fish Entertainment says in a recently filed lawsuit that WCSO and APD misrepresented information about the video Live PD recorded.

A&E Network canceled Live PD following weeks of protests inspired by the death of George Floyd and reports on the Ambler case. The cancellation was announced a day after the similar show "Cops," on the air for 33 seasons, was dropped by the Paramount Network.

State Rep. James Talarico (D-Round Rock) filed HB 54, also known as the Javier Ambler law, during the 87th Texas Legislature, which would ban Texas law enforcement agencies from participating in reality TV shows. That bill was sparked by Ambler's death and his sister helped lawmakers draft the bill.

Gov. Greg Abbott recently signed HB 54 into law. Lawyers representing the family released this statement following the governor's signature of the bill:

"We are pleased Texas Governor Greg Abbott signed the Javier Ambler Law that makes it impossible for reality TV shows to partner with police in the state of Texas. It is a common-sense law that will protect citizens- Black citizens in particular - against aggressive policing by officers who behave excessively to put on a show for the cameras. Javier Ambler should not have died in the custody of Williamson County deputies while the "Live PD" cameras rolled in March of 2019. Our client will grow up without a father because of this senseless tragedy. Police play a very serious role in our communities and it is critical that officers behave with respect for all lives at all times. We hope other states across the country follow suit and take up similar measures, as well as other desperately needed reforms to policing so we can end our national epidemic of excessive police violence against Black Americans."