Cops, DA blamed for destruction of evidence.

Whose fault is it that video evidence of Javier Ambler II's in-custody death was not preserved?

A trial began Tuesday seeking to answer a troubling question: Why was video from the "Live PD" television show that showed the in-custody death of Javier Ambler II after a traffic chase in March 2019 not preserved for investigators?

"This is a Williamson County debacle." - Prosecutor Mike Waldman

Former Williamson County Sheriff Robert Chody and Assistant County Attorney Jason Nassour are accused of ensuring the video of Ambler's death was not released to investigators or the public. They face third-degree felony charges, punishable by up to 10 years in prison.

"The reason that we are here is that Robert Chody and Jason Nassour are the fall guys." - Defense Attorney E.G. Morris

Defense argues blame lies with the Austin Police Department and Travis County DA's office for failing to preserve video evidence.

Javier Ambler II, a 40-year-old former postal worker and father of two, died after being chased by Williamson County sheriff's deputies for a traffic violation. The deputies, equipped with "Live PD" crews, tasered Ambler multiple times despite his pleas of a heart condition and inability to breathe. Ambler died at the scene.

Information on Ambler's death was withheld from the public for over a year. When details emerged, "Live PD" was canceled amid widespread protests over the in-custody death of George Floyd in Minneapolis.

Prosecutors argue Chody and Nassour took steps to hide the "Live PD" footage, including a contract provision stating all video be destroyed within 30 days. Chody is also accused of allowing "Live PD" crews to leave the scene with their footage and failing to take statements from witnesses. The prosecutor said:

"No law enforcement ever saw that video... A grainy black and white dashcam camera from one of the deputy's patrol cars did show two professional cameramen within 5 feet of the incident showing every single act that happened between Johnson and Ambler."

The defense counters that Chody didn't take statements because Austin PD had taken over the investigation. They argue the contract with "Live PD" was backdated to ensure insurance coverage and that the destruction clause was to prevent the show from selling footage that could reflect poorly on the county.

The trial is expected to last at least two weeks with prosecutors calling over 40 witnesses, including "Live PD" host Dan Abrams. Defense argues federal law prevented Chody and Nassour from seizing video evidence at the scene.