Video released of black man who died in police custody saying ‘I can’t breathe’ during arrest in Austin

Authorities have released video of the death of a black man in Austin, Texas, who can be heard telling officers he has a heart condition and that he can’t breathe while they restrain and use a stun gun on him during a 2019 arrest.

The Austin American-Statesman obtained the body camera footage and reported it shows Javier Ambler exiting his vehicle with his hands up after arrest records say he led Williamson County sheriff’s deputies on a 22-minute chase near the city of Austin.

The chase reportedly began when Ambler failed to dim his headlights to oncoming traffic and deputies had crews from the show “Live PD” riding with them.

Ambler can be heard in the video released saying tearfully that he has “congestive heart failure” while kneeling on the ground as officers tried to handcuff him. Authorities are seen using a stun gun on him four times. He is also heard complaining, “I can’t breathe.”

The 40-year-old became unresponsive during the arrest and officers began administering CPR as medical units were called to the scene, the newspaper reported.

The Travis County District Attorney’s Office is reportedly leading an investigation into the arrest. Though the chase was handled by Williamson County deputies because the Austin Police Department forbids its officers from conducting vehicle chases for low-level offenses, Austin officers arrived on scene once the pursuit ended.

No Austin police officers are reportedly under investigation and it was unclear whether any sheriff’s deputies would be charged. A statement from the Williamson County Sheriff’s Office (WSCO) indicated that an internal review had cleared the deputy of wrongdoing.

“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,” reads the statement.

Travis County District Attorney Margaret Moore told CNN that the Williamson County Sheriff’s Office has not yet complied with efforts to investigate the matter.

“We have determined that we need to take it to a grand jury,” said Moore. “This case has been so unusual. It is not typical for us to encounter obstacles to getting evidence especially from another law enforcement agency.”

“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 added.

News of Ambler’s death comes as protests over the death of another black man in police custody, George Floyd, have rocked the nation. Footage of Floyd’s death last month revealed that a white officer had knelt on his neck for several minutes while Floyd said he could not breathe.