Denny’s fight death of John Hernandez: What you need to know about the case

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By William Axford, Chron.com / Houston Chronicle

Updated 9:57 pm, Monday, June 12, 2017

Photo: Yi-Chin Lee / Houston Chronicle, Yi-Chin Lee

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Caption

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John Hernandez was strangled to death by the husband of a deputy

John Hernandez was urinating outside near Denny’s in Crosby on May 28, 2017. Terry Thompson pulled up at the restaurant and saw Hernandez. A 50-second video show Thompson on top of a kicking and grunting Hernandez.

His wife Chuana Thompson is a deputy with the Harris County Sheriff’s Office deputy. She arrived on the scene in a separate vehicle and called for backup. Hernandez died three days after the altercation.

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John Hernandez was strangled to death by the husband of a deputy

John Hernandez was urinating outside near Denny’s in Crosby on May 28, 2017. Terry Thompson pulled up at the restaurant and saw Hernandez. A

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Photo: Yi-Chin Lee / Houston Chronicle, Yi-Chin Lee

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The assault was recorded

A bystander at Denny’s recorded the assault and was released by attorney Jack Carroll. Thompson is seen on top of Hernandez. Carroll said the video shows Hernandez “kicking his legs in a helpless fashion… begging for it to stop.”

Thompson’s attorney Scot Courtney said the video is not the full footage and that people “need all of the facts before coming to the conclusion they’re making.”

People tried to obscure the person recording the Thompsons, saying, “It’s illegal to record, just stop.”

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The assault was recorded

A bystander at Denny’s recorded the assault and was released by attorney Jack Carroll. Thompson is seen on top of Hernandez. Carroll said the video shows Hernandez “kicking his legs in a

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Photo: Courtesy Randall Kallinen

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The Thompsons are facing murder charges

The Thompsons are accused of intentionally causing Hernandez’s death. The couple turned themselves in on June 8, 2017 and made a bail of $100,000 each that same night.

The Thompsons are facing murder charges

The Thompsons are accused of intentionally causing Hernandez’s death. The couple turned themselves in on June 8, 2017 and made a bail of $100,000 each that same night.

Photo: Harris County Sheriffs Office

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Chauna Thompson has been removed from patrol duty

Thompson, for now, won’t be seen in uniform. Sheriff Ed Gonzalez confirmed she has been removed from patrol duty.

Thompson, who was off duty at the time her husband got into the altercation, began CPR on Hernandez when she noticed he wasn’t breathing. Hernandez was transported to LBJ Hospital. He died when he was taken of off life support three days later.

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Chauna Thompson has been removed from patrol duty

Thompson, for now, won’t be seen in uniform. Sheriff Ed Gonzalez confirmed she has been removed from patrol duty.

Thompson, who was off duty at the time her

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Photo: Brett Coomer, Houston Chronicle

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Hernandez’s death is ruled as a homicide

The medical examiner ruled the 24-year-old’s death as a homicide. The medical examiner makes it clear however that homicide is not synonymous with murder. Here, it means that someone’s death was caused by the actions of someone else.

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Hernandez’s death is ruled as a homicide

The medical examiner ruled the 24-year-old’s death as a homicide. The medical examiner makes it clear however that homicide is not synonymous with murder. Here, it means

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Photo: Yi-Chin Lee / Houston Chronicle, Yi-Chin Lee

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Hernandez’s family and community want justice

More than 100 protesters gathered outside of the Harris County court house in early June 2017, demanding justice for Hernandez.

Maria Toral, the mother of Hernandez’s 4-year-old daughter, said she wants Thompson sent to prison.

“This has all been a bad dream and I just want it to be over,” Toral told the Chronicle.

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Hernandez’s family and community want justice

More than 100 protesters gathered outside of the Harris County court house in early June 2017, demanding justice for Hernandez.

Maria Toral, the mother of Hernandez’s

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Photo: Yi-Chin Lee / Houston Chronicle, Yi-Chin Lee

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Harris County Sheriff Ed Gonzalez said there’s no favoritism in the case

Gonzalez has publicly emphasized that his office provided no special treatment to the deputy or her husband. He said his office has handed off its evidence to the district attorney’s office and enlisted guidance from the Texas Rangers and the Department of Justice in an effort to be transparent.

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Harris County Sheriff Ed Gonzalez said there’s no favoritism in the case

Gonzalez has publicly emphasized that his office provided no special treatment to the deputy or her husband. He said his office has handed

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Photo: Elizabeth Conley, Associated Press

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A grad jury will decide whether Thompson was acting in self-defense

Thompson’s attorney Scot Courtney contends Hernandez was the aggressor and hit is client first. Courtney claims the recording of Thompson is “absolutely not the full footage.”

It’s unclear who initiated the fight, but the attorneys and the sheriff’s office said Thompson was offended by Hernandez’s actions.

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A grad jury will decide whether Thompson was acting in self-defense

Thompson’s attorney Scot Courtney contends Hernandez was the aggressor and hit is client first. Courtney claims the recording of Thompson is

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Photo: Karen Warren/Houston Chronicle

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Accompanied by activist and family’s attorney, Ignacio Hernandez, father of the deceased John Hernandez, waves a combination of American and Mexican flag outside of Harris County District Attorney’s office with hundreds of protesters Wednesday, June 7, in Houston. The rally called for justice for John Hernandez, who died a few days after a fight with a Harris County Sheriff’s deputy’s husband outside of a Denny’s restaurant last week, started at Guadalupe Plaza Park. less

Photo: Yi-Chin Lee / Houston Chronicle, Yi-Chin Lee

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More than a hundred participants who call to seek justice for deceased John Hernandez marching from Guadalupe Plaza Park, crossing the U.S. highway 59 underpass and headed to the Harris County Criminal Justice Center Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march. less

Photo: Yi-Chin Lee, Houston Chronicle

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Protesters are in an arm-in-arm position as they march from Guadalupe Plaza Park to to the Harris County Criminal Justice Center calling to seek justice for deceased John Hernandez Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march. less

Photo: Yi-Chin Lee, Houston Chronicle

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A woman looks out and takes photographs/videos from a nearby building as the protesters march by with chantings to seek justice for deseased John Hernandez Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march from Guadalupe Plaza Park to to the Harris County Criminal Justice Center. less

Photo: Yi-Chin Lee, Houston Chronicle

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Maria Toval, wife of deceased John Hernandez, holds a photograph of Hernandez while marching from Guadalupe Plaza Park to to the Harris County Criminal Justice Center with more than a hundred protesters Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, with a choke hold last week outside of a Denny’s restaurant after the two got into a fight. Toval was also at the scene. The march was calling to seek justice for Hernandez. less

Photo: Yi-Chin Lee, Houston Chronicle

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More than a hundred participants who call to seek justice for deceased John Hernandez marching from Guadalupe Plaza Park to to the Harris County Criminal Justice Center Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march. less

Photo: Yi-Chin Lee, Houston Chronicle

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Ignacia Hernandez, great grandmother of deceased John Hernandez, sitting in a wheelchair and holding up a sign while participating in a march from Guadalupe Plaza Park to to the Harris County Criminal Justice Center Wednesday, June 7, 2017, in Houston. John Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. The march was calling to seek justice for Hernandez. less

Photo: Yi-Chin Lee, Houston Chronicle

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Photo: Yi-Chin Lee, Houston Chronicle

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Fandall Kallinen, attorney for John Hernandez’s family, speaks to reporters and calls Harris County Sheriff’s Office being biased on Hernandez’s case after the marching group arrived at the Harris County Criminal Justice Center Wednesday, June 7, 2017, in Houston. Hernandez was by killed Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march from Guadalupe Plaza. less

Photo: Yi-Chin Lee, Houston Chronicle

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Downtown pedestrians watch the protesters marching by with chantings to seek justice for deseased John Hernandez Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march from Guadalupe Plaza Park to the Harris County Criminal Justice Center. less

Photo: Yi-Chin Lee, Houston Chronicle

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Paula Medrano holds up her hand and a sign as she marches from Guadalupe Plaza Park to the Harris County Criminal Justice Center calling to seek justice for deceased John Hernandez Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march. less

Photo: Yi-Chin Lee, Houston Chronicle

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More than a hundred participants who call to seek justice for deceased John Hernandez marching from Guadalupe Plaza Park to the Harris County Criminal Justice Center Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march. less

Photo: Yi-Chin Lee, Houston Chronicle

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Yong and old, more than a hundred participants who call to seek justice for deceased John Hernandez marching from Guadalupe Plaza Park to the Harris County Criminal Justice Center Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march. less

Photo: Yi-Chin Lee, Houston Chronicle

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Photo: Yi-Chin Lee, Houston Chronicle

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Photo: Yi-Chin Lee, Houston Chronicle

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Ignacio Hernandez, father of the deceased John Hernandez, holds a combination of American and Mexican flag marching with hundreds of rally participants calling to seek justice for John Hernandez Wednesday, June 7, 2017, in Houston. John Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march from Guadalupe Plaza Park to he Harris County Criminal Justice Center. less

Photo: Yi-Chin Lee, Houston Chronicle

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Residents of near by buildlings watch the protesters marching by with chantings to seek justice for deseased John Hernandez Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march from Guadalupe Plaza Park to the Harris County Criminal Justice Center. less

Photo: Yi-Chin Lee, Houston Chronicle

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Photo: Yi-Chin Lee, Houston Chronicle

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A woman looks out and takes photographs/videos from a nearby building as the protesters march by with chantings to seek justice for deseased John Hernandez Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Chauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march from Guadalupe Plaza Park to to the Harris County Criminal Justice Center.

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Photo: Yi-Chin Lee, Houston Chronicle

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Photo: Yi-Chin Lee, Houston Chronicle

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Photo: Yi-Chin Lee, Houston Chronicle

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Ignacia Hernandez, great grandmother of deceased John Hernandez, sitting in a wheelchair and holding up a sign while participating in a march from Guadalupe Plaza Park to the Harris County Criminal Justice Center Wednesday, June 7, 2017, in Houston. John Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Shauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. The march was calling to seek justice for Hernandez. less

Photo: Yi-Chin Lee, Houston Chronicle

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Ignacia Hernandez, great grandmother of deceased John Hernandez, sitting in a wheelchair and holding up a sign while participating in a march from Guadalupe Plaza Park to to the Harris County Criminal Justice Center Wednesday, June 7, 2017, in Houston. John Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Chauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. The march was calling to seek justice for Hernandez.

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Photo: Yi-Chin Lee, Houston Chronicle

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A woman looks out and takes photographs/videos from a nearby building as the protesters march by with chantings to seek justice for deseased John Hernandez Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Chauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march from Guadalupe Plaza Park to to the Harris County Criminal Justice Center.

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Photo: Yi-Chin Lee, Houston Chronicle

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Protesters are in an arm-in-arm position as they march from Guadalupe Plaza Park to to the Harris County Criminal Justice Center calling to seek justice for deceased John Hernandez Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Chauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march.

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Photo: Yi-Chin Lee, Houston Chronicle

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John Hernandez’s family lead off the march to seek justice for Hernandez’s death at Guadalupe Plaza Park Wednesday, June 7, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Chauna Thompson, with last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march from the park to Harris County District Attorney’s office.

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Photo: Yi-Chin Lee / Houston Chronicle, Yi-Chin Lee

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Maria Toval, wife of deceased John Hernandez, holds a photograph of Hernandez as the marching group arrived at the Harris County Criminal Justice Center Wednesday, June 7, 2017, in Houston. Hernandez was by killed Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Chauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march from Guadalupe Plaza.

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Photo: Yi-Chin Lee, Houston Chronicle

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Fandall Kallinen, attorney for John Hernandez’s family, speaks to the protesters as the group arrived at the Harris County Criminal Justice Center Wednesday, June 7, 2017, in Houston. Hernandez was by killed Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Chauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march from Guadalupe Plaza.

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Photo: Yi-Chin Lee, Houston Chronicle

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Maria Toval, wife of deceased John Hernandez, holds a photograph of Hernandez while marching from Guadalupe Plaza Park to to the Harris County Criminal Justice Center with more than a hundred protesters Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Chauna Thompson, with a choke hold last week outside of a Denny’s restaurant after the two got into a fight. Toval was also at the scene. The march was calling to seek justice for Hernandez.

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Photo: Yi-Chin Lee, Houston Chronicle

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Garcia Rodriguez waits for the rally for John Hernandez to start at Guadalupe Plaza Park Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Chauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march from the park to the Harris County Criminal Justice Center.

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Photo: Yi-Chin Lee, Houston Chronicle

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More than a hundred participants who call to seek justice for deceased John Hernandez marching from Guadalupe Plaza Park to the Harris County Criminal Justice Center Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Chauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march.

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Photo: Yi-Chin Lee, Houston Chronicle

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Ignacio Hernandez, father of the deceased John Hernandez, holds a combination of American and Mexican flag marching with hundreds of rally participants calling to seek justice for John Hernandez Wednesday, June 7, 2017, in Houston. John Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Chauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march from Guadalupe Plaza Park to he Harris County Criminal Justice Center.

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Photo: Yi-Chin Lee, Houston Chronicle

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Paula Medrano holds up her hand and a sign as she marches from Guadalupe Plaza Park to the Harris County Criminal Justice Center calling to seek justice for deceased John Hernandez Wednesday, June 7, 2017, in Houston. Hernandez was killed by Terry Bryan Thompson, husband of Harris County Sheriff’s Deputy Chauna Thompson, last week outside of a Denny’s restaurant after the two got into a fight. More than a hundred protestors participated the march.

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Photo: Yi-Chin Lee, Houston Chronicle

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Public protest over the handling of a man who was killed at a Denny’s in Crosby continues to heat up while authorities lay the ground work for a grand jury to hear evidence.

Terry Thompson, the husband of a Harris County Sheriff’s Office deputy, got into a physical altercation with John Hernandez, 24, at the end of May.

IN DEPTH: Homicide ruled in man’s death after fight with husband of deputy outside Denny’s

Police said Thompson confronted Hernandez because he was urinating in public. A fight ensued, ending with Thompson on top of Hernandez.

Attorney Jack Carroll released a recording from a witness, where Thompson is seen pinning a kicking and gasping Hernandez on the ground. People are heard ordering the person to stop recording, threatening that it was illegal to record the fight.

Hernandez died three dies after the alleged attack, when he was taken off life support. Since then, the office of District Attorney Kim Ogg said it has received evidence from the sheriff’s office and will present it to a grand jury of citizens in the near future.

On Monday, Hernandez’s family filed a civil suit against the Thompson’s.

Click through the slideshow to learn more about the death of John Hernandez.