A murder charge has been dropped against a former sheriff’s deputy who was accused of just standing by as her husband strangled a man to death outside a Houston restaurant.
Chauna Thompson and her husband Terry were both charged with murder for the 2017 death of John Hernandez, 24, outside Denny’s restaurant near Crosby.
Terry Thompson was convicted of his murder last year and sentenced to 25 years in prison.
Investigators said Hernandez was urinating outside the restaurant and Terry Thompson had yelled at him to stop on May 28, 2017.
A murder charge has been dropped against Chauna Thompson, (center), who was accused with her husband Terry, (right), of strangling a man to death outside a Houston restaurant
John Hernandez died in hospital after Terry Thompson locked him in a choke-hold outside and he eventually stopped breathing following a dispute outside Denny’s in Crosby
Footage then shows Terry Thompson on top of Hernandez with his arm around his throat.
Prosecutors said that during the altercation, Hernandez signaled with his hand that he was no longer resisting but that Thompson kept him in a chokehold for an additional three minutes and 36 seconds until Hernandez went limp.
Hernandez eventually stopped breathing and Chauna Thompson administered CPR. Hernandez was later taken to the hospital but died three days later.
Chauna Thompson was originally charged because didn’t try to intervene as Hernandez stopped struggling and eventually stopped breathing.
A bystander caught the disturbing incident on her cell phone and the video became a rallying point for relatives and supporters of Hernandez.
Prosecutors said after a thorough review of all the evidence, there was no way to prove beyond a reasonable doubt that she had committed a crime.
First Assistant District Attorney Tom Berg said: ‘Courts have often said the role of a prosecutor is to do justice not to simply convict.
‘Our action today is based on the lack of evidence to convict somebody and our ethical obligation not to go forward.
Terry Thompson, (left), was convicted of the murder of John Hernandez, while his wife Chauna Thompson, (right), had a murder charge against her dropped in relation to the case
Terry Thompson, accused of fatally choking John Hernandez, is shown in court in Houston on June 13, 2018. In November, a jury convicted Thompson of murder for the strangulation death of a man the couple confronted outside a Houston-area restaurant
Thompson, left, and defense attorney Scot Courtney, right, are shown in the court June 23, 2018. Thompson’s trial will move to its punishment phase, where additional testimony will be presented before jurors deliberate a sentence
‘To be clear, Ms. Thompson’s former employment as a deputy sheriff played no role in our decision to dismiss, just as it played no role in our original decision to present the case to a grand jury.’
The decision to request a dismissal was made after prosecutors met with Hernandez’s parents, widow and their supporters, the DA’s office said in an email.
Prosecutors argued Thompson wanted to kill Hernandez and kept him in a chokehold even after he stopped resisting.
Thompson’s attorneys countered that he was only defending himself after being punched in the face and insisted Thompson kept Hernandez subdued only until he stopped resisting.
Hernandez (pictured) died at a hospital three days after the confrontation. A medical examiner ruled he died of lack of oxygen to the brain caused by strangulation and chest compression
Hernandez’s wife and three-year-old daughter begged for Terry to release his strong hold during the incident at Denny’s restaurant on Mary 23, 2017
Chauna Thompson was off-duty at the time and was later fired by the Harris County Sheriff’s Office.
Chauna’s trial was supposed to start later this year, but the case will not now move forward.
Cesar Espinosa, Executive Director FIEL, a group supporting immigrants and their families said: ‘It’s a very complex case and at the end of the day the DA did not think there was enough evidence to convict her.
A shocking video grab shows the moment Thompson pinned Hernandez to the ground
In the recording, Terry can be heard repeatedly asking his alleged victim, ‘do you want me to hit you again?’ before two bystanders command the witness to stop filming
‘Its a hard pill to swallow, but I ask that we center on what the family wants which is to close this dark chapter in their lives. At the end justice is subjective.
‘The Hernandez family will never have true justice because this should have never happen to begin with.’
It was the second time a jury had deliberated Thompson’s case. His first trial in June ended with a hung jury.
Members of John Hernandez’ family including his wife Maria Toral, (right), speak to media after the first trial against Terry Thompson ended with a hung jury on June 23, 2018
A bystander recorded the alleged murder in a disturbing video, which appeared to show Thompson holding down Hernandez’s arm with her knee while Terry mounted him and left him in a choke hold for several minutes until he apparently turned blue.
While this unfolded, Hernandez’s wife and three-year-old daughter begged for Terry to release his strong hold.
In the recording, Terry can be heard repeatedly asking his alleged victim, ‘do you want me to hit you again?’ before two bystanders command the witness to stop filming.
Autopsy results revealed that he died from anoxic encephalopathy, which means that his brain was deprived of oxygen during the alleged strangulation.