Ambler, 40, died in March 2019 after a car chase that started in Williamson County, Texas, and ended in the nearby city of Austin.
During the arrest, Ambler can be heard on body camera footage telling sheriff's deputies he couldn't breathe several times. But there was also additional video from the A&E reality show "Live PD," that accompanied officers on the chase. The district attorney announced in June that Williamson County employees had been in touch with the show, which has since been canceled.
A&E has said the footage never aired and that the network and its producers were never "asked for the footage or an interview by investigators from law enforcement or the district attorney's office."
CNN reached out to A&E for further comment Tuesday.
Chody and Nassour were both arrested and released on bond earlier Monday, Williamson County District Attorney Shawn Dick said in a news conference. Their first court date is scheduled for November 30.
In a press conference on Monday, Chody denied the charge. The sheriff and his lawyer criticized the district attorneys of both Williamson and neighboring Travis counties for using him as a "scapegoat" after they failed to investigate Ambler's death until more than a year after the incident.
CNN reached out to the Williamson County Attorney's Office for comment from Nassour on Tuesday.
Indictment mentions video and audio recordings
The Williamson County District Attorney's office says it was notified in May 2020 of Ambler's death.
In June, the district attorney's office announced it was investigating the possible tampering of evidence "by personnel from Williamson County Agencies who have had contact or communications with the television show, 'Live PD.'"
"Together with the Travis County District Attorney's Office and the Austin Police Department Special Investigations Unit, we brought this information to a Williamson County grand jury," Dick said this week. "As that investigation continued, the Williamson County grand jury heard from 19 different witnesses."
While the indictment does not specifically mention "Live PD," it alleges that Chody and Nassour acted to "destroy or conceal a record, document, or thing; namely, video recordings and audio recordings, with intent to impair their availability as evidence in the investigation."
The offense is a third-degree felony. If found guilty, Chody and Nassour could face up to 10 years in jail.
Dan Abrams, who formerly hosted the show, told CNN in June there was a policy in place for the show to destroy footage after a certain period of time. He said the video was retained for three months per the request of Williamson County while they investigated the incident.
"They then informed 'Live PD' the investigation was over. That was a year ago. That was the last anyone from 'Live PD' had heard about the video," Abrams said.
Bodycam footage captured the arrest
Authorities released body camera footage of Ambler's death in June, and it gained national attention following the death of George Floyd while in Minneapolis police
