Ambler, 40, died in March 2019 after a car chase that began in Williamson County, Texas and ended in the nearby city of Austin.
During the arrest, Ambler can be heard on the camera footage of the body telling sheriff’s deputies that he couldn’t breathe multiple times. But there was also another video from the A&E reality show “Live PD”, which accompanied the officers in the chase. The district attorney announced in June that Williamson County employees had been in contact with the show, which has since been canceled.
A&E said the footage was never aired and that the network and its producers were never “asked for the footage or an interview by law enforcement investigators or the district attorney̵
An A&E spokesperson said Tuesday that the network did not comment.
Chody and Nassour were both arrested and released on bail on Monday, Williamson County District Attorney Shawn Dick said at a news conference. Their first court date is scheduled for November 30th.
At a press conference on Monday, Chody denied the allegation. The sheriff and his attorney criticized district attorneys in Williamson and neighboring Travis counties for using him as a “scapegoat” after they did not investigate Ambler’s death until more than a year after the incident.
Nassour told CNN on Tuesday that he was unable to comment at this time.
The prosecution mentions video and audio recordings
The Williamson County District Attorney’s Office says it was notified in May 2020 of Ambler’s death.
“Together with the Travis County District Attorney’s Office and the Austin Police Department Special Investigation Unit, we brought this information to a Williamson County grand jury,” Dick said this week. “As the investigation continued, the Williamson County grand jury heard 19 different witnesses.”
Although the prosecution does not specifically mention “Live PD”, it claims that Chody and Nassour acted to “destroy or hide a record, document or thing; namely, video recordings and audio recordings, with the intent to compromise the their availability as evidence in the survey. ”
The offense is a third degree crime. If found guilty, Chody and Nassour could face up to 10 years in prison.
Dan Abrams, who previously hosted the show, told CNN in June that a policy was in place for the show to destroy the footage after a certain amount of time. He said the video was kept for three months at Williamson County’s request while they investigated the incident.
“They then informed ‘Live PD’ that the investigation was over. It was a year ago. That was the last anyone from ‘Live PD’ had heard of the video,” Abrams said.
Bodycam footage captured the arrest
The video shows MPs attempting to handcuff Ambler while on the ground outside his car, which authorities said stopped after a minor accident during a vehicle chase in the early morning hours of March 28, 2019.
Ambler got out of his vehicle with his hands up, but resisted attempts by lawmakers to handcuff him and refused to follow commands, according to a report from the Williamson County Sheriff’s Office. At least one deputy used a taser on Ambler, the report said.
In the video, recorded by the camera of the body of an Austin police officer, deputies are seen grappling with Ambler when the officer arrives.
Ambler says “I have congestive heart failure” and “I can’t breathe” several times.
Within minutes, Ambler was handcuffed and the agents seem to realize he was not responding. Officers removed the handcuffs and attempted CPR, but Ambler was pronounced dead in a nearby hospital shortly thereafter.
Jason Hanna, Amir Vera, and CNN’s Ed Lavandera contributed to this report.