Texas DA wants grand jury review of death involving deputy

Video surfaces of fatal beating; deputy's husband accused

Harris County Sheriff Ed Gonzalez told Click2Houston he has launched an investigation into Hernandez's death, and has enlisted the help of the Texas Rangers and the Department of Justice in investigating Hernandez's death. According to Fox 26, Hernandez's family is fearful of speaking out because no arrests have been made and it is unclear if anyone will be arrested.

The Harris County medical examiner ruled Tuesday that 24-year-old John Hernandez died of asphyxiation caused by strangulation and chest compression.

"We are glad that District Attorney Kim Ogg finally recognizes that there is probable cause to have the murderer of John Hernandez to be brought to a grand jury for indictment, but we condemn the unprofessionalism of the handling of this case", a Tejano Heritage Alliance spokesperson said.

Hernandez was involved in a fight with 41-year-old Terry Thompson May 28 outside a Denny's.

"What are you waiting for?" asked Wendy Maldonado, the aunt of the dead victim, according to KTRK.

The deputy allegedly called the Harris County Sheriff's Office for backup, and emergency medical services, before helping her husband restrain Hernandez, investigators said.

The family and supporters rallied Wednesday to continue to press for an arrest and what they see as justice for Hernandez.

"I have full confidence in our investigators".

An attorney for the family of a man who died after a confrontation with a Harris County deputy's husband outside a Sheldon restaurant said video released Monday showed an "illegal chokehold" was used to subdue the man, KPRC reports.

Video shows the deputy's husband on top of Hernandez's back with a chokehold around his neck.

The deputy's husband had arrived at the Denny's with his two young daughters to meet his wife. I didn't hear her tell him anything. Don't do that to him. But he didn't have any compassion. "He was really angry". The T.H.A. said it was Deputy Thompson's duty to protect Hernandez, but instead she participated with her husband in what they say is a clear-cut case of murder. The man in question, Johnny Hernandez, was in critical condition at LBJ Hospital until he was taken off life support Wednesday night. "I concur", Carroll said to KHOU on Thursday. It's a very sad video. "He was kicking his legs in a helpless fashion and you can hear him gurgling, just begging to stop".

"She had her right knee on his left shoulder", he added. "My client said this has been going on for at least 10 minutes", said Jack Carroll, attorney for the Hernandez family.

The video, which is disturbing, is confirmation of a cover up, according to the Hernandez family attorney.

At a news conference on Friday, Gonzalez said that the incident began when Thompson observed Hernandez urinating in public view in a Houston-area Denny's parking lot last Sunday.

"It's not fair just because he's Mexican nobody helped him", Gilberto Garcia said.

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