Appeals court rules in favor of prosecutors in case against ex-Williamson County sheriff
The Texas 3rd Court of Appeals on Friday ruled in favor of prosecutors in the tampering with evidence case against former Williamson County Sheriff Robert Chody and Assistant County Attorney Jason Nassour.
Chody and Nassour are accused of taking steps to ensure that a video shot by the "Live PD" television show during Javier Ambler's in-custody death in March 2019 was never seen by investigators or the public. The video was sent to the television producers, who destroyed it in June 2019.
The criminal trial against Chody and Nassour was put on hold in August after Travis County District Court Judge Karen Sage ruled that the state could not present evidence about whether Chody and Nassour were involved in a decision to remove television footage from the scene of Ambler's death because the federal Private Protection Act prevented the officials from seizing the footage at the time. The federal act prohibits police from searching or seizing work product and documentary material intended for publication.
The appeals court said in its opinion Friday that the federal Private Protection Act did not apply to the case.
"This case, from the beginning, has never been about a search or seizure; it is about evidence already inside a patrol vehicle parked within a secure crime scene," the opinion said.
The state had argued that if the federal privacy law did apply, it could not prosecute the case.
Ambler was driving home in the early morning hours of March 28, 2019, when two Williamson County sheriff's deputies — who both had 'Live PD' crews in their patrol cars — started chasing him after he failed to dim his headlights. Ambler crashed his car several times before it became disabled in North Austin after a 22-minute chase that started in Williamson County and ended in Travis County.
Deputies J.J. Johnson and Zach Camden used Tasers four times on the 400-pound former football player as he cried that he had a heart condition, could not breathe and was not resisting arrest, according to a body camera video from an Austin police officer at the scene. Ambler, a 40-year-old former postal worker and the father of two sons, died a few minutes later. Chody and Nassour arrived at the scene after Ambler died.
This is a developing story. Check back for updates.
This article originally appeared on Austin American-Statesman: Appeals court favors state in case against former sheriff Robert Chody
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