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Black Man From Texas Dies While in Police Custody; Heard on Bodycam Footage Saying “I Can’t Breathe”

by Crystal Gross
June 9, 2020
Reading Time: 3 mins read
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Javier Ambler
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The racial tension in America is thick due to the recent string of incidents that show how prevalent racism still is in 2020. As we battle through the cases of Ahmaud Arbery, Breonna Taylor, and now George Floyd, many have spoken out about past instances of injustice that still need attention.

One, in particular, is the death of Javier Ambler, 40, another black man who died while in police custody. On Monday, bodycam footage released by the Austin Texas Police Department showed the similarity between Ambler and Floyd’s arrest. During the video, Ambler is shown under distress and is heard multiple times saying, “I can’t breathe.”

According to CNN, on March 28, 2019, around 1 a.m., Ambler failed to dim his high beams while passing a Williamson County Deputy’s patrol car. The incident report states he then attempted to evade deputies, which caused him to hit three fixed objects and weave on and off the road. The chase lasted 22-minutes and ended in the city of Austin.

Documents obtained by CNN said the bodycam footage recorded the 14-minute encounter between police and Ambler, who exited his car with his hands up. Deputies claim while trying to handcuff Ambler, he was uncooperative and did not listen to their commands. However, Ambler is heard on film saying that he was not resisting. He also informed arresting deputies, “I have congestive heart failure” and repeated multiples times that he could not breathe.

Several minutes into the video, the voice of Ambler is no longer heard. It was then police realized he was unresponsive and removed his handcuffs to administer CPR until paramedics arrived.

Ambler was not intoxicated or under the influence of any controlled substances. His cause of death was classified as congestive heart failure, hypertensive cardiovascular disease associated with morbid obesity “in combination with forcible restraint.” His death has been ruled a homicide.

Professional Standards released the following statement in the Williamson County Sheriff’s Department:

“After reviewing the video evidence, OPS concludes the primary deputy ‘JJ’ Johnson and assisting deputies acted in accordance with the guidelines set in the WCSO policy and used objective reasonableness in the level of force used. OPS also recommends the chain of command review the use of force and complete RMS Response to Resistance module, in accordance to WSCO policy.”

Travis County District Attorney, Margaret Moore has stepped in to oversee the investigation surrounding Ambler’s death and informed CNN that the footage came from an Austin police officer who was on the scene that early morning Ambler died. Austin officers are not part of the investigation.

“We have determined that we need to take it to a grand jury,” Moore announced. However, due to concerns surrounding COVID-19, the case could not be scheduled in March, it may be July or August before its heard before a grand jury.

“This case has been so unusual. It is not typical for us to encounter obstacles to getting evidence, especially from another law enforcement agency.” She also added that the Williamson County Sheriff’s office has not cooperated during the process.

“It’s important, in today’s climate with the heightened response to officer-involved incidents, that the public know we are prosecuting this case, are taking it to the grand jury and we will do everything within our power to see that justice is done here,” she said.

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