Harris County DA Says Thompson Will Be Retried

HOUSTON, TX — Harris County District Attorney Kim Ogg said Monday that Terry Thompson will be retried for the murder of a 24-year-old man after a judge declared a mistrial on Saturday.

The jury deliberated for nearly 30 hours over a three-day period and found themselves deadlocked with 10 jurors convinced that Thompson was not guilty of murder.

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Thompson, and his wife Chauna, a former Harris County Sheriff's deputy, were both indicted by a Harris County grand jury last year for the May 2017 murder of John Hernandez.

Terry Thompson and Hernandez encountered one another outside of a Denny's restaurant in Crosby on May 28, 2017.

Thompson told investigators that he drove up to the Denny's shortly after 11 p.m. with his children, when he saw Hernandez outside of the restaurant urinating.

Thompson said when he confronted Hernandez, he punched him.

Video recorded from inside the restaurant didn't show the punch that was allegedly thrown by Hernandez, but did show Thompson slamming Hernandez on the ground.

Cell phone video recorded outside the Denny's showed Thompson holding Hernandez in a choke hold, while Chauna Thompson, who arrived a short time later, hold Hernandez's hands as he struggled.

During the struggle, Hernandez stopped breathing.

Chauna Thompson told investigators she began CPR on Hernandez and called for help.

Hernandez was taken to LBJ Hospital and never regained consciousness, and died three days later.

Thompson was on trial for nearly two weeks before the case was turned over for jury deliberation.

The jury, comprised of seven men and five women had four options: Finding Thompson not guilty, or finding him guilty of murder, guilty of manslaughter or guilty of negligent homicide.

RELEASE: Prosecutors will take Thompson homicide trial back to court | https://t.co/FaeoIO9Mna
— Harris County DA (@HarrisCountyDAO) June" class="redactor-linkify-object">https://twitter.com/HarrisCoun... 25, 2018

Defense attorneys said based on the evidence, all jurors felt Thompson was justified in using self-defense, but some didn't feel he was not guilty, since his actions caused Hernandez's death, KHOU reported.

Officials have not said when Terry Thompson's retrial will take place.

Chauna Thompson's trial is scheduled for October.

See more:

• Judge Calls Mistrial In Ex-Deputy's Husband's Murder Case
• Jury Selection Begins In Murder Trial Of Ex-Deputy's Husband
• Murder Trial Begins For Ex-Deputy's Husband
• Couple Charged With Murder Ask For Trial To Be Moved
• Change Of Venue Denied For Couple Accused Of Murder

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