February 22, 2018

Man dies after being restrained by Texas deputy, her husband

10 June 2017, 12:12 | Felicia Parsons

SHOCK VIDEO captures deputy's husband placing man who later died in chokehold

Video surfaces of fatal beating; deputy's husband accused

The Harris County Medical Examiner ruled that the 24-year-old man's death was a homicide after concluding in his autopsy that he died from lack of oxygen to the brain caused by strangulation and chest compression.

When he walked into the Denny's parking lot, he urinated near their vehicle, angering the sheriff deputy's husband before a fight - captured on camera - broke out in front of Hernandez's wife and 3-year-old daughter.

Jack Carroll and Randall Kallinen, attorneys for the Hernandez family say that the witness had every right to record the incident since it happened in a public place, according to the Houston Chronicle.

"It's a very sad video because you're watching a man basically being killed", Carroll said. "He was kicking his legs in a helpless fashion, and you could hear him gargling just begging to stop".

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

"Johnny was such a good person", said Melissa Hernandez.

A woman in the video is also seen holding Hernandez's arm. The ruling appears to be, in the opinion of an attorney for Hernandez's family, "manslaughter if not a murder. because it appears the guy has him in a chokehold and he chokes [Hernandez], and he chokes him and eventually kills him". "I told him, 'Please stop".

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Hernandez's wife says the police took her cell phone away before sending her to be interviewed about the events.

Hernandez's wife says Thompson punched her husband in the head "endlessly" while a Denny's worker who was on shift said he saw him choking him. He's drunk.' He wasn't in any position to fight.

Hernandez died on May 31st after he was taken off life support at Lyndon B. Johnson Hospital. "He was really angry". "I had to actually leave the room when I saw the video", Melissa said. John Hernandez died last week following the May 28 incident at the Denny's, which is located in Sheldon. That statement was made by attorney Scot Courtney following the release of a short video shot by an eyewitness of the incident.

When she realized Hernandez wasn't breathing, she began CPR and called for an ambulance.

The district attorney's office and the sheriff's office will not comment any further until the investigation is complete.

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.

"We appreciate the concerns and justice will be served", she said, "We want a fair process for both the victim and the accused in the grand jury process". "It's because the other guy was married with the [deputy]", said Gilberto Garcia, who attended the vigil.

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