AUSTIN, Texas — An Austin jury considering whether Javier Ambler died of excessive police force will include no Black members following a rare hearing Wednesday afternoon.
Prosecutors argued that defense attorneys illegally struck two Black potential jurors for racial reasons, but the judge ruled the attorneys' reasons were legal.
The jury in the trial of former Williamson County deputies J.J. Johnson and Zach Camden was selected Tuesday night. During jury selection, three Black potential jurors were left among 100 people called "possible jurors."
One was seated as a second alternate. Defense attorneys booted the other two for reasons that they said centered on how they answered questions about their ability to be unbiased.
Prosecutors objected, saying that the defense attorneys struck the potential jurors because of their race. Ultimately, Judge Karen Sage ruled that the reasons were "race neutral."
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Prosecutors also said that this is the exact type of case where the racial makeup of the jury is critical. In brief comments during Wednesday's hearing, Judge Sage said the lack of diversity highlights Austin's population.
The jury that will now go forward in this case consists of 10 white members, one Hispanic member and one Asian member, according to the state. Six jurors are women and six are men.
A spokesperson for the district attorney's office said the jurors won't be sworn in until the trial starts on Monday, Feb. 26.
Background on this case
Deputies 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 shows the clash between Ambler and Williamson County deputies in March 2019. The deputies had chased Ambler for 22 minutes into Austin in a pursuit that started because he failed to dim his headlights – all while the show "Live PD" filmed.
For four years, Ambler's sister, Kimberly Jones, 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," she 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 Tuesday morning in the case, with opening statements set for Monday. 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," she 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.