Jurors released for now in trial of former Williamson County sheriff and district attorney

WILLIAMSON COUNTY, Texas — Judge Karen Sage signed a stay and temporarily dismissed the jury in the trial of former Williamson County Sheriff Robert Chody and former District Attorney Jason Nassour on charges of evidence tampering after prosecutors appealed to the Third Circuit Court of Appeals.

Prosecutors argue that the judge prevented them from presenting their case by finding that parts of the argument were preempted by federal law.

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Prosecutors argue that Chody and Nassour should have seized the video and equipment from Live PD photographers the night Javier Ambler died. Williamson County Sheriff's officers pursued Ambler into Travis County on March 28, 2019, for failing to dim his high beams. Ambler crashed in Travis County and died after being shot with a Taser. Two Live PD cameramen were on the scene that night and recorded video of the chase and aftermath. Chody and Nassour are accused of tampering with evidence by allowing the video to be deleted.

On Wednesday, the defense questioned former Williamson County Judge Dan Gattis about the contract between Williamson County and Big Fish Productions, the producer of the reality show Live PD. Gattis told jurors the contract included a clause requiring the video to be deleted after 30 days unless there was a court order to keep it. The defense ruled that Chody and Nassour did not have the authority to seize the video and equipment because the death occurred in Travis County, within the jurisdiction of the Austin Police Department. Prosecutors argue Chody and Nassour should have seized it or notified APD of the 30-day clause in the contract. Judge Sage ruled that federal law prohibits law enforcement from seizing video footage and equipment without a warrant or court order.

Before making her decision, Judge Sage told the assistant prosecutors, “I am making a decision that, based on certain evidence, the cameras had to be returned.” She went on to say, “This court has never believed or ruled that your prosecution is unconstitutional.”

However, she signed a stay and told the jury she was excused until the court heard the 3rd Circuit Court of Appeals' decision. The jury was instructed not to speak about the case and to provide the court with their contact information should it change. There is no estimate of how long it will take the 3rd Circuit Court of Appeals to act.