Prosecution faces sanctions after violation in Ambler in-custody death trial

AUSTIN (KXAN) — While the verdict is in, things aren't totally wrapped for the manslaughter case against two former Williamson County Sheriff's deputies. Travis County prosecutors are awaiting consequences from the court for allegedly withholding evidence from the defense.

Last week, a jury found James Johnson and Zach Camden not guilty for the in-custody death of Javier Ambler.

In March 2019, Ambler died after a chase with police ended in a crash. The deputies acquitted of manslaughter charges for using a Taser during the arrest, despite Ambler telling them he had a heart condition.

During the trial, 299th District Court Judge Karen Sage ruled that the state failed to share knowledge that Ambler had an active warrant for expired vehicle registration with the defense.

The state argued they gave a copy of the arrest warrant to the defense with evidence back in 2021, but Sage said the defense had an obligation to specifically disclose the warrant to attorneys.

Minutes after the verdict, defense co-counsels Doug O'Connell and Ken Ervin told reporters that the state violated the Michael Morton Act.

The act passed in 2013, named after a man convicted in Williamson County after DNA evidence was withheld by the state, imprisoning him for 25 years.

The Texas law declares that prosecutors must disclose evidence and relevant information to the defense even if it benefits the defendant - this is called exculpatory evidence.

"Time after time again we pointed out in court evidence in the state's possession that was not turned over," Ervin said.

The defense Tuesday said consequences from these sanctions are expected to be handed down Wednesday. The TCDA said it's likely it will have to pay a fine related to how much the defense spent to secure the warrant.

The Law Enforcement Legal Defense Fund raised money for the former deputies' legal representation. President Jason Johnson said the Morton Act is similar to a federal precedent set by Brady v. Maryland.

The Brady decision said prosecutors are obligated to share exculpatory evidence with defendants, but the Michael Morton Act broadens that scope to include relevant information as well.

"Our justice system guarantees that everyone regardless of their race, sex, religious beliefs, or profession, are entitled to a fair trial. I believe the deputies got that in this case," Johnson said.