Crime & Safety

WilCo Sheriff Refuses To Resign After In-Custody Death

Amid growing calls for his resignation after the in-custody death of a black man, Sheriff Robert Chody says he won't step down.

WILLIAMSON COUNTY, TX — Amid growing calls for his resignation following the in-custody death of a black man last year who repeatedly said he was unable to breathe while under arrest, Williamson County Sheriff Robert Chody on Tuesday vowed he would not step down.

"I look forward to continuing to serve as the Sheriff of Williamson County," Chody wrote on Twitter after two county commissioners called for his resignation. During a Williamson County Commissioners Court meeting on Tuesday, Wiliamson County commissioners Terry Cook and Cynthia Long cited the in-custody death of Javier Ambler in March 2019 in calling for the sheriff's resignation.

As cameras rolled for the "Live PD" show during the sheriff's office participation in the reality program, Ambler — who was a resident of Pflugerville traveling through Williamson County — was pursued by police for 22 minutes for failing to dim his headlights. The pursuit finally ended when Ambler crashed his car just north of downtown Austin, after which deputies detained him. Deputies failed to heed Ambler's repeated claims of an inability to breathe due to a congestive heart condition, and died while in custody.

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"As the reporting on the in-custody death of Javier Ambler has unfolded over the last 24 hours, I, like you, am outraged over the circumstances of his death, shocked at Sheriff Chody's failure to cooperate with the investigation into Mr. Ambler's death, and heartbroken for his family and loved ones who almost 15 months later still have no answers," Long said in a prepared statement. "Today, I say enough. Sheriff Chody must resign immediately. His actions and failure of leadership demonstrates he lacks the moral authority to be a cop and much les Williamson County's top cop."

Cook offered similar sentiments: "I have no confidence that he has the temperament, operational intelligence, administrative ability nor the people skills to handle the job," Cook said. "This occurred on Robert Chody's watch. The deputies involved should be fired immediately, and all involved must cooperate fully with the investigation."

Chody responded to Long via Twitter: "In her eagerness to 'get ahead of the issue,' Commissioner Long has requested I resign before hearing the full set of facts," Chody wrote. "The facts are that our department remains willing to participate in the Travis County D.A.'s investigation, but we have not been asked to do so."

The sheriff suggested calls for his resignation were politically motivated: "In terms of Commissioner Cook, it is not surprising to me to see a left-leaning member of the court call for my resignation," he wrote. "Across our country, Democrats are turning against law enforcement and attempting to remove its funding and leadership. Their agenda recognizes no distinctions between incidents and presumes guilt before due process. I will not back down in the face of such a partisan and cynical move."

Yet calls for accountability have extended beyond the confines of Williamson County boundaries. In a five-part Twitter post, District 134 State Rep. John Bucy III representing Williamson County also called for justice: "I am deeply saddened and angered by the death of Javier Ambler, an unarmed black man killed in the custody of the Williamson County Sheriff’s Office," Bucy wrote. "I am also outraged and disgusted at the policies and laws that have allowed this to happen again."

Bucy called for systematic change at the sheriff's office: "The Sheriff’s Office policies and procedures that led to Javier’s death must be changed. We also must end any renewed relationship with Live PD."

District 52 State Rep. James Talarico, whose district encompasses Williamson County, also called for Chody's resignation on Tuesday: “Another unarmed black man was killed by police in America," he said in a prepared statement. "This time it was our neighbor. This time it was followed by 15 months of secrecy. This time it was filmed by a TV crew for entertainment. His name was Javier Ambler, and he deserves justice.

"I call on Sheriff Chody to resign, but this problem does not begin or end with him. Our system of policing is deeply broken. We must replace it with something new and something better. As they have throughout our history, the voices in the street — particularly Black voices — are calling us to live up to our highest ideals. We must listen, then we must act.”

Chody struck a defiant note after Talarico's post, attributing a political motivation for the tweet just as he accused Commissioner Long: "Representive Talarico has done zero for law enforcement in regards to the county in his two years in office," Chody wrote in response via Twitter. "Another progressive who wants to defund police. I’ll accept his resignation instead."

Chas Moore of the Austin Justice Coalition — organizers of a massive Black Lives Matter march on Sunday that drew thousands of participants — called for the governor to effect police reform.

“Just days after Gov. Greg Abbott said he doesn’t want to see a death like George Floyd’s in Texas, new video shows that it already has occurred in Texas," Moore said in a prepared statement. "Javier Ambler died as a result of a Williamson County sheriff's deputy tasing him to death. His words — I can't breathe — were the same ones that George Floyd struggled to say as he was suffocated by a police officer. They were the same words that Eric Garner said. Abbott said Texas would respond to George Floyd’s death. Well, Texas should have responded long ago; it would have saved Javier’s life. It might have saved Sandra Bland’s life. Now more than ever we need our elected officials and lawmakers to make a dramatic change to our system of policing.”

Earlier, Travis District Attorney Margaret Moore said Chody has refused to cooperate in an investigation. Bodycam footage of the incident was secured from the Austin Police Department after an officer from that force arrived at the scene given the point where the chase ended.

"Over the last year, the District Attorney’s Office has been fighting with Williamson County Sheriff’s Office to have Live PD video footage related to Javier Ambler’s death released," Moore wrote on Twitter. "What should have been a routine traffic stop, ended with Javier’s death."

Chody disputed the assertion in a tweeted response: "While we cannot comment on the Ambler incident due to the ongoing investigation by the Travis County DA, we can correct misleading statements made by the Travis County DA," Chody wrote in a prepared statement. "The Williamson County Sheriff's Department remains ready and willing to participate in the investigation being conducted by the Travis County DA's office. However, the Travis County DA has not contacted us for any reason related to this investigation."

Amid official calls for Chody's resignation, a community petition has gathered more than 2,000 signatures in seeking accountability for Ambler's death.

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