Exposed: Six-Year Political Prosecution Collapses as Former Sheriff and DA File Federal Lawsuit Alleging Malicious Abuse of Power
Complaint challenges six-year politically motivated prosecution involving missing Live PD footage connected to Javier Ambler’s 2019 death
WACO, Texas (July 17, 2026)—Jason Nassour and Robert Chody have filed a federal civil rights lawsuit in the U.S. District Court for the Western District of Texas against prosecutors in Williamson and Travis counties, along with both counties. The filing came four days after their nearly six-year criminal prosecution ended on July 13, when prosecutors stated they could not establish the elements of the charged offenses and the trial court dismissed all charges with prejudice after a jury had been empaneled.
The criminal case centered on Live PD footage associated with the 2019 police pursuit of Javier Ambler, who died after the pursuit ended in Travis County. Chody, then the elected Williamson County sheriff, and Nassour, an attorney for the county, were accused of tampering with or conspiring to tamper with the footage after it became unavailable.
The civil complaint names Williamson County District Attorney Shawn Dick, Travis County District Attorney José Garza, Williamson County Assistant District Attorney Michael Waldman, Travis County Assistant District Attorney Dexter Gilford, Williamson County, and Travis County as defendants. It alleges they continued the prosecution despite knowing that Nassour and Chody did not own, possess, or control the footage, that no law enforcement referral or probable cause affidavit supported the charges, and that an ineffective prosecutorial subpoena contributed to the footage becoming unavailable.
“This lawsuit exposes an egregious abuse of prosecutorial power and taxpayer money for political purposes,” said Ryan C. Johnson of Cherry Johnson Siegmund James, counsel for the plaintiffs. “For six years, Shawn Dick, José Garza, and their offices pursued felony charges against two men over footage they never owned, possessed, or controlled—even after prosecutors knew their own mistake in issuing a flawed subpoena was the real reason the footage wasn’t obtained. The State ultimately admitted it could not establish the elements of the charged offenses. That is not justice. It is government power weaponized against innocent men, and we intend to hold every responsible party accountable.”
Prosecution Centered on Footage the Plaintiffs Never Owned or Controlled
According to the complaint, the footage was owned exclusively by Big Fish Entertainment, the New York media company that produced Live PD, a show airing on the A&E Network. Neither Nassour nor Chody—and neither Williamson County nor any involved law enforcement agency—owned, possessed, or controlled the recording. The governing contract made Big Fish the sole owner and required preservation only when valid legal process demanded it.
The lawsuit further alleges that federal and Texas law, along with Williamson County Sheriff’s Office and Austin Police Department policies, restricted law enforcement’s ability to seize media recording devices without appropriate legal authority. The plaintiffs contend that prosecutors effectively charged Nassour and Chody for failing to conduct a warrantless seizure that was prohibited by federal and state law.
Lawsuit Alleges Prosecutors Built Their Case on an Ineffective Subpoena
According to the filing, Travis County first tried to obtain the video footage by issuing a subpoena, but the subpoena was addressed to the wrong entity, demanded same-day production, was served by mail rather than through the appropriate interstate process, and was not received until after the contractual retention deadline had passed.
“These are all mistakes an inexperienced or incompetent district attorney’s office makes,” said Johnson. “Travis County and Williamson County were simply embarrassed by their own mistakes and needed someone to blame. So, they targeted Sheriff Robert Chody and his attorney, Jason Nassour, who were convenient scapegoats – an outspoken supporter and advocate of law enforcement in the middle of an election and his lawyer.”
During the March 2024 trial of Deputies James Johnson and Zachary Camden, the State acknowledged in open court that a Travis County prosecutor had used the wrong type of subpoena and that it was ineffective. The lawsuit alleges that the unsuccessful subpoena—not any act by Nassour or Chody—caused the footage to become unavailable.
A Six-Year Prosecution Without a Law Enforcement Referral or Probable Cause Affidavit
The complaint alleges that the prosecution moved forward without a law enforcement referral or probable cause affidavit and despite an investigation that found no evidence-tampering violation. It also contends that the State’s theory was legally and factually impossible because Nassour and Chody did not control the footage and were accused of conspiring in 2017 to tamper with a recording that would not exist until 2019.
The plaintiffs allege the prosecution took shape in 2020 amid national protests following George Floyd’s death and heightened public scrutiny surrounding Ambler’s death, which had occurred more than a year earlier. According to the complaint, prosecutors responded to that pressure by targeting Nassour and Chody as politically convenient scapegoats rather than basing the charges on evidence or a law enforcement referral.
Plaintiffs Allege Selective Prosecution Targeted Politically Convenient Defendants
The complaint alleges that prosecutors ignored or suppressed evidence that undermined their theory of the case. It states that Nassour was not involved in negotiating the final contract terms governing the footage and that both Nassour and Chody advocated for a longer retention period than the 30-day term ultimately adopted.
According to the filing, Williamson County’s outside counsel, Hal Hawes, negotiated the final retention term. Hawes, the county commissioners who approved the contract, and other law enforcement officers present at the scene were not charged.
DA Garza’s Track Record of Alleged Prosecutorial Misconduct
The civil lawsuit comes amid mounting criticism of DA Garza’s prosecutorial conduct in Travis County. Courts have previously sanctioned Garza for withholding evidence in the manslaughter prosecution of two Williamson County Sheriff’s deputies, and an investigator accused the DA of hiding evidence in the trial of Daniel Perry, who was convicted in 2023 of murdering an armed protester during a 2020 demonstration. Governor Greg Abbott pardoned Perry in 2024.
In December 2025, a Texas appeals court overturned the conviction of Austin police officer Christopher Taylor, who had been prosecuted by Garza over the 2019 shooting death of Mauris DeSilva. Combined Law Enforcement Associations of Texas (CLEAT) has called for Garza’s resignation, with CLEAT Executive Director Robert Leonard stating: “There can be no worse violation of the oath taken by a district attorney than to intentionally deny a defendant a fair trial. It is a direct violation of their constitutional rights.”
Garza has also drawn scrutiny over hundreds of felony cases being dismissed due to his office’s failure to meet indictment deadlines. In 2023, Garza dropped charges against 17 Austin police officers related to tactics used during 2020 protests after what defense attorneys described as indictments brought before investigations were complete. An attorney for nine of those officers said at the time: “The cases were indicted before the investigations were complete. We didn’t think the DA’s office was serious about prosecuting these cases.”
In 2024, a Travis County resident attempted to remove Garza from office under Texas’s “rogue prosecutor” law, citing his prosecution of law enforcement officials and the presentation of officer-involved shooting cases to grand juries. Austin Police Retired Officers Association (APROA) President Dennis Farris stated: “Jose Garza’s habitual misconduct and his lack of prosecutorial experience puts our entire community at risk.”
After a Complete Acquittal, Prosecutors Doubled Down
On March 7, 2024, a Travis County jury found Deputies James Johnson and Zachary Camden not guilty on all charges arising from Ambler’s death. The complaint points to evidence introduced during that trial that the plaintiffs contend further undermined the basis for their own prosecution.
Detective Erin Truho testified that she did not have probable cause for a criminal offense against Johnson and Camden. Medical examiner Dr. Keith Pinckard testified that Ambler’s preexisting medical conditions could have been sufficient to cause his death and that he could not state with reasonable medical certainty that Ambler would have survived but for the deputies’ restraint. Use-of-force expert Mark Sawa testified that the deputies’ conduct was objectively reasonable, lawful, and proportionate.
The civil complaint argues that this testimony and the complete acquittal undermined the alleged premise for the evidence-tampering case—that footage had been concealed to prevent evidence of an underlying crime from becoming available.
Despite the acquittal, prosecutors re-indicted Nassour and Chody on June 4, 2024. The lawsuit alleges that the new indictments prolonged the felony prosecution despite the evidence already available to the State and subjected both men to continuing pretrial restrictions, mandatory court appearances, and renewed seizures under the Fourth Amendment.
After Six Years, the State Admits It Cannot Prove Its Case
The criminal case finally ended on July 13, 2026, after a jury had been empaneled and jeopardy had attached. With trial underway, prosecutors conceded that they did not have the evidence needed to establish the elements of either count and stated that the effect was to “essentially invalidate the entire prosecution.” The trial court then dismissed all charges with prejudice.
The complaint alleges that the six-year prosecution caused extensive damage to the plaintiffs’ careers, reputations, businesses, families, and personal well-being, while consuming substantial public resources.
“For six years, these prosecutors held felony charges over the heads of two innocent men, a duly-elected sheriff and his legal counsel,” Johnson said. “They damaged careers, reputations, businesses, and families. Then, only after jeopardy attached, the State admitted it could not prove its case. That admission came six years too late. Jason Nassour and Robert Chody will never get those years back. And taxpayers were defrauded by the politically-based persecution.”
Federal Lawsuit Seeks Accountability for Alleged Abuse of Government Power
The lawsuit asserts claims under 42 U.S.C. § 1983 and Texas law for malicious prosecution, unreasonable seizure in violation of the Fourth Amendment, due process violations, selective prosecution, vindictive prosecution, First Amendment retaliation, abuse of process, intentional infliction of emotional distress, and civil conspiracy. It also asserts Monell municipal liability claims against Williamson and Travis counties.
Nassour and Chody seek compensatory and special damages for the harm they allege they suffered, along with attorney’s fees and costs, punitive and exemplary damages, prejudgment and post-judgment interest, court costs, and other relief available under law and equity.