Travis County DA to dismiss cases against former Wilco sheriff, assistant county attorney

TRAVIS COUNTY, Texas - The Travis County District Attorney's office says it will be dismissing charges against former Williamson County Sheriff Robert Chody and former assistant Williamson County Attorney Jason Nassour.

Chody and Nassour were indicted in 2020 on tampering with evidence in connection with the death of Javier Ambler in 2019.

What they're saying:

The DA's office says that the dismissal is the result of a May appeals court ruling that declined its petitions for discretionary review in the cases, which has prevented the DA's office from presenting evidence of Chody and Nassour's alleged guilt.

During the August 2024 trial, the trial court prevented the State from presenting that evidence. The defense had previously argued that the DA's case was pre-empted by federal law. Although the trial court declined to make a substantive ruling on that ground, it did rule that the evidence was not admissible. 

Because the court's decision was in the form of an evidentiary ruling, attorneys for Chody and Nassour argued it was not subject to appellate review.

Nonetheless, the DA's office appealed the ruling and initially a three-judge panel of the 3rd Court of Appeals agreed and sent the case back to the trial court.

Chody and Nassour's defense team then asked for a rehearing before all the judges of the 3rd Court of Appeals. Those judges overruled the prior decision and held that the 3rd Court of Appeals lacked jurisdiction over the matter, but declined to address the central question.

The State then petitioned the Court of Criminal Appeals for review, before ultimately getting the rejection in May.

Williamson County's district attorney Shawn Dick issued a statement after the news broke, saying:

This afternoon, Travis County District Attorney Jose Garza dismissed the charges against former Williamson County Sheriff Robert Chody and Assistant County Attorney Jason Nassour based upon unprecedented rulings by Judge Karen Sage. I share in Mr. Garza’s disappointment with this outcome.

My office dedicated immense effort to this joint prosecution with Travis County, with every intention of trying this case to a conclusion before a jury. I fully believe the strength of this case was reflected in the decisions of four separate, independent grand juries that reviewed the evidence and returned indictments of the defendants. It was my hope to present the facts to the public at trial where they could be weighed by a jury, and true justice could be sought for Javier Ambler, his family, and the community.

This case has deeply affected both residents of Williamson and Travis County, and most irreparably the Ambler family. It is extremely frustrating when a case of this magnitude is resolved on a legal technicality rather than through a transparent presentation of evidence. Unfortunately, the court’s evidentiary rulings left the State with no viable path forward, forcing a dismissal that ultimately denies the public the opportunity to fully learn the facts of the case.

Over the last six years, the State has fought tirelessly to bring the facts of this case to light, arguing dozens of motions before the court regarding the exclusion of key evidence. Our pre-trial attempts to secure appellate review were frustrated because the court did not issue final appealable orders necessary for a higher court to review. When trial commenced in August 2024, after 4 days of arguing, it became clear that necessary evidence would be excluded. In a rarely used procedure, the State pursued an appeal mid-trial. Now, nearly two years later, the appellate courts have concluded that because the trial court failed to enter a timely written ruling, there was no jurisdiction to review the evidentiary decisions.

Despite this outcome, my office remains committed to standing up for victims of crime. I am currently evaluating all available legal avenues, including identifying potential legislative solutions to ensure similar legal technicalities do not compromise future prosecutions.

The backstory:

The charges against Chody and Nassour stem from the 2019 in-custody death of Javier Ambler and missing video footage from Live PD crews.

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.

Crime and Public SafetyTravis CountyWilliamson County