Texas deputy put on leave after fatal confrontation

Video surfaces of fatal beating; deputy's husband accused

New eyewitness video is showing a different view of the deadly confrontation between a 24-year-old man and the husband of a Harris County Sheriff's deputy.

Harris County Sheriff Ed Gonzalez asked the community Wednesday to "trust the justice system" in the investigation of the death of 24-year-old John Hernandez.

Gonzales said that no one has been charged in the incident, which took place on May 28. Jack Carroll, the attorney for the person who recorded the video, said the man restraining Hernandez used an illegal chokehold. "You're watching a man basically being killed", Carroll said, according to KTRK.

In the video, bystanders can be heard telling Thompson to stop. Witnesses say the deputy did nothing to stop her husband. They will present it to a grand jury of citizens "in the near future", he added. Hernandez was drunk and defenseless as he was beaten. Hernandez can be seen kicking his back legs and making audible sounds of struggle. 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".

Hernandez flails under Thompson, who repeatedly asks him, "do you want me to hit you again?". The husband of the off-duty sheriff's deputy looks like he weighs at least 300 pounds.

Neither the deputy nor her husband were injured during the altercation, authorities said.

The deputy allegedly called the sheriff's office for backup and emergency medical services before helping her husband restrain Hernandez, investigators said.

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Hernandez was hospitalized after the incident and died three days later. He's drunk.' He wasn't in any position to fight.

It "was an altercation that occurred between two parties, and obviously, it was fatal for Mr. Hernandez, unfortunately", Gonzalez said. "He was really angry".

Thompson had just pulled into the parking lost with his children and confronted Hernandez. "I had to actually leave the room when I saw the video", Melissa said.

Hernandez was initially reported to be the aggressor, but Berg said there was no immediate report to the district attorney's office he been transported unconscious to the hospital with very little vital signs.

An anonymous eyewitness disputes the claim made by the sheriff's office that the off-duty deputy interfered in the fight and gave Hernandez CPR when she noticed he was not breathing. The deputy will remain on active duty while Internal Affairs investigates the incident, the sheriff's office told NewsFix. "I think if it were the other way around, the guy would be arrested right there".

The Harris County Sheriff's Office is asking for oversight from the Department of Justice and Texas Rangers.

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