WILLIAMSON COUNTY, Texas — Opening statements were made Monday morning in the trial of two former Williamson County deputies.
J.J. Johnson and Zach Camden are charged with manslaughter in connection with the death of Austin man Javier Ambler, who died in March 2019 after a Taser was used on him repeatedly.
Opening statements kicked off with prosecutor Holly Taylor telling the jury Ambler died at the hands of the two defendants while begging for help, with the defendants giving him two seconds to comply and two minutes to die. She told the jury they will hear how Ambler pleaded with Johnson and Camden five to seven times, saying he could not breathe while the defendants chose to use a Taser on him repeatedly, force him down on the ground and put a foot on his back and a knee on the back of his neck despite his pleas that he had congestive heart failure.
Still, Taylor said, the defendants continued to use Tasers and forcibly restrain Ambler until he lost consciousness.
This all happened while "Live PD" cameras rolled. Taylor said the jury will also hear testimony and evidence that despite Ambler's preexisting conditions and toxicology revealing pain medication and compounds indicating marijuana use, those were not his cause of death.
"Their conduct was unnecessary, unreasonable and unjustified, and we are confident that after hearing all the facts and all the evidence, you will find the state has proved its case beyond a reasonable doubt," Taylor said.
Defense attorney Ken Ervin then gave his opening statement on behalf of his client, James Johnson. Doug O'Connell, the other defense attorney, is waiting to give his opening statement on behalf of Zachary Camden.
Ervin told the jury they will see footage of what the chase entailed and how dangerous it was. Ervin said Ambler died because he had "extraordinarily lethal health issues," and he overdid it, possibly from the adrenaline of trying to evade the police.
"Our clients sincerely look forward to getting their names cleared, all but knowing exactly what's happened, all of it, and we intend to do that, to the extent the state omits some important things. We'll be right behind and we promise you'll see them, every bit of it. We think you'll find in the end these officers acted appropriately, not recklessly," Ervin said.
After opening statements, Ambler's sister, Kimberly Moore, testified as the family's spokesperson. She described Ambler as more of a "best friend" than a sibling. She said her brother gained weight in the years before his death but was working to become active so he could watch his kids grow up.
Before opening statements, the defense filed a motion for sanctions, alleging prosecutors failed to turn over an unrelated arrest warrant for Ambler. The judge rejected most of their requests, though she did call it "troubling" that the warrant was not disclosed. She ordered the state to pay the defense's legal and investigator fees related to finding the warrant.
RELATED: Javier Ambler case: Jury in trial of former Williamson County deputies will have no Black members
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 last week that the jury in this trial will have no Black members.