Judge allows Javier Ambler manslaughter trial to move forward with no Black jurors

A judge ruled Wednesday that the exclusion of two Black potential jurors in a manslaughter trial against two former Williamson County deputies was not discriminatory — meaning the trial over the death of Javier Ambler II, a Black man, will move forward in front of a majority-white jury with no Black members.

Zachary Camden and James Johnson were charged with manslaughter for the 2019 death of Ambler, who was 40. Video showed Camden and Johnson using Tasers on Ambler multiple times as he shouted that he could not breathe and had a heart condition.

In court Wednesday, Travis County state District Judge Karen Sage said that the absence of any Black jurors was not a "direct reflection of any discriminatory practices" but had more to do with the lack of diversity in the overall jury pool.

Jury selection in the case against Camden and Johnson — who are being tried together — began Tuesday and lasted into the night. A jury of 12 was selected, alongside two alternates. The jury is composed of six men and six women, though prosecutors and defense attorneys disagreed on its racial makeup.

Prosecutor Dexter Gilford said that 10 jurors are white, one is Hispanic, and one is Asian. Defense attorneys Ken Ervin and Doug O'Connell said that eight jurors are white, two are Hispanic, one is Asian, and one is racially ambiguous.

Of the alternates, one is white, and the other is Black.

Ervin and O'Connell said that, of a 95-person panel, six potential jurors were Black. Three were deemed ineligible by the court, two were struck by defense attorneys, and one became an alternate juror. Potential jurors and alternate jurors were selected from separate groups.

Prosecutors objected after defense lawyers removed the two remaining Black people from the pool of potential jurors. They raised a Batson challenge, arguing that the potential jurors were removed because of their race. The challenge is named for a Supreme Court case that deemed it unconstitutional to remove a potential juror solely because of their race, ethnicity or sex.

Leslie Andrews Booker, a defense lawyer and former prosecutor, told the American-Statesman that it is "extremely rare" for prosecutors to raise a Batson challenge. It is typically raised by a defense attorney, who argues that the jury does not adequately represent their client.

On Wednesday, Sage heard arguments over the validity of prosecutors' Batson challenge. If Sage had agreed with prosecutors' arguments, the two Black potential jurors could have joined the jury.

Prosecutor Holly Taylor argued that the removal of the two Black potential jurors might amount to a violation of their constitutional rights to serve on a jury.

Defense attorneys argued that there was a series of "race-neutral" reasons why each potential juror was removed. They argued that one seemed unlikely to remain impartial during the trial and the other showed a lack of attention to the proceedings.

Johnson, who is Black, submitted an affidavit affirming his lawyers' decision to remove the two Black potential jurors.

Opening arguments in the trial are set to begin Monday.

This article originally appeared on Austin American-Statesman: Judge allows Javier Ambler trial to move forward with no Black jurors