Texas DA wants grand jury review of death involving deputy

Texas DA wants grand jury review of death involving deputy

The medical examiner for Harris County, Texas, has ruled that 24-year-old John Hernandez, who died three days after a deputy's husband allegedly restrained him during a fight outside a Denny's restaurant in Houston, died from anoxic encephalopathy because of strangulation with chest compression.

John Hernandez, 24, was killed in a chokehold by both Sheriff Deputy Shauna Thompson and her husband Terry Thompson.

Harrowing cellphone footage of the incident was shot by a witness to the deadly confrontation and released by Hernandez's family, the Houston Chronicle reported. "It's a very sad video because you are watching a man basically being killed".

The horrifying video shows Hernandez helplessly kicking his legs and he can be heard gurgling as he is pinned down by his neck.

"She makes no effort whatsoever to stop the illegal choke hold which led to this killing", Attorney Randall Kallinen said. Prosecutors started reviewing that evidence Tuesday evening and will present it to a grand jury of citizens in the near future.

But witnesses say Hernandez was too drunk to defend himself and the husband continued beating him after he was unconscious.

A woman in the video is also seen holding Hernandez's arm.

Bothered by an initial incident report that labeled the man "restraining" Hernandez "the victim", followed by nine days without an arrest, Hernandez family supporters fear the deputy's husband is being protected.

"She was crying and telling".

The husband of the sheriff's deputy has not been charged.

Neither the deputy nor her husband was injured in the incident and no charges have been filed at this time.

Investigators say Thompson's husband was offended when he allegedly saw an intoxicated Hernandez urinate outside the Houston-area restaurant. He's drunk.' He wasn't in any position to fight. "He was really angry".

"We ask for the immediate detention of Terry Thompson and his wife, who murdered John Hernandez in cold blood, in front of this Denny's", Cesar Espinoza, an immigrant activist said Tuesday on behalf of Hernandez's family.

Thompson then confronted Hernandez, and a verbal altercation turned physical. It has supposedly been shared with the Harris County District Attorney's Office. The video, which is disturbing, is confirmation of a cover-up, according to the Hernandez family attorney. Gonzalez said she remains on active duty. He said the couple has received threats and cautioned against "the call for justice so quickly before we even have all the facts". "I think if it were the other way around, the guy would be arrested right there". The man in question, Johnny Hernandez, was in critical condition at LBJ Hospital until he was taken off life support Wednesday night.

Sheriff Ed Gonzalez didn't beat around the bush regarding how the internal investigation may look to the public, but added he's confident in the office's ability to be transparent, thorough and unbiased.