Jury Hangs In Trial For Man Who Killed John Hernandez With Choke Hold

John Hernandez

On July 24, 2017, I blogged about the strangling death of John Hernandez.  Two persons were charged; Terry Thompson and his wife, Harris County Deputy Sheriff Chauna Thompson.

To recap;

John Hernandez was at a Denny’s restaurant on May 28, 2017 in a town not far from Houston. Wait staff said he was celebrating his soccer team winning and was drunk, but he was not behaving belligerently.   Terry Thompson engaged John outside of the restaurant, who Thompson accused of urinating in public.  Thompson’s daughter called her mom, Chauna Thompson, who was off-duty.

Terry beat John who landed on the ground and then Terry proceeded to place John in a choke hold and got on John’s back.  Chauna arrived and pinned down one of John’s arms.  His other armed was underneath him. On her knees, Chauna yelled at Hernandez to “stay the f— down.” Her husband said to Hernandez: “Do you want me to hit you again?”

After paramedics arrived, John Hernandez was rushed to the hospital.  Some witnesses say that it took paramedics 40 minutes to arrive.  John was brain dead, went into a coma and died three days later.

A by-stander filmed the incident. 

On June 8, 2017, the Thompson’s were indicted for murder.   Chauna Thompson was suspended without pay.

Terry Thompson was the first to go to trial which began on June 13, 2018.  A jury of nine men, one Black, and six women were seated. It was unclear if any of the jurors were Latino.

Prosecutors told jurors that Thompson didn’t tell police that night that he feared for his life or thought he was going to die. Instead, the prosecutor said the night was a tale of two fights: the fight of Terry Thompson against John Hernandez and Hernandez’s fight for his life.  Terry alleged that John hit him first.  The reasonable response was not to choke John until he stopped breathing.

Ryan Staiger is the man who recorded the confrontation on his cellphone video.   Click2Houston reports:

“He said he shot the video with his phone after he realized that Terry Thompson was too large for him to personally remove from on top of Hernandez.”

“Staiger said he considered getting a gun out of his car, but decided against it when he heard Terry Thompson’s teen daughter say her mother, then a Harris County sheriff’s deputy, was on the way.”

“(It) wasn’t even a fight,” Staiger said. “This was just unfair … the size and the way he had him pinned.” 

“Staiger described the scene as chaotic. He said a man in a leather jacket, as well as the Thompsons’ daughter, tried to stop him from shooting video that was about a minute long. He said his battery was dying and he could not shoot more. “

“Staiger said he felt Hernandez’s life was in danger because Hernandez could not fight back, and was grunting and gasping for air. “

“He was trying to restrain him harder than would be logical force,” Staiger said.”

At trial, prosecutors showed a photo of Thompson’s injured left eye. Thompson alleged that Hernandez hit him first and was the aggressor.  The deputy testifying said he requested assault charges against Hernandez as the primary aggressor. The deputy said he did not know that Hernandez was, at the time, brain dead at the hospital.

Assault charges were dismissed against Hernandez after the bystander video of the confrontation surfaced.

Terry Thompson

Prosecutors also argued that Thompson was the aggressor because he took it upon himself to approach and engage the intoxicated Hernandez for urinating in the parking lot.

The jury had four options to weigh.  They could have found Terry Thompson not guilty, or guilty of murder, manslaughter or criminally negligent homicide.  After 29 hours and 33 minutes of deliberations, the jury could not agree on an unanimous decision and hung.  A mistrial was declared by Judge Kelli Johnson.

Harris County District Attorney Kim Ogg plans to retry Terry Thompson.  The date for the retrial is still being determined.

Scot Courtney, Thompson’s attorney, said the jury voted 11-1 not guilty on murder, 10-2 not guilty on manslaughter and 8-4 not guilty on criminally negligent homicide. He said all 12 jurors agreed that self-defense law applied but two jurors could not acquit Thompson.

After the mistrial was declared, protestors marched in downtown Houston, saying they believe the racial component of Hernandez’s killing cannot be overlooked.

“We asked for justice, we gave a great explanation of what you all saw on the video. Violence against someone who looks like me,” one protestor said.

Many of those protestors are calling for changes to the prosecution for Thompson’s new trial.

 

Chauna Thompson

 

Chauna Thompson is scheduled to stand trial in October.

Previous to their marriage, Chauna and Terry were involved in a paternity case and according to documents filed with the court, Chauna alleged that Terry has anger problems.

 

 

 

 

 

 

 

 

 

Posted on 07/23/2018, in Cases, John Hernandez and tagged , , , , , , , . Bookmark the permalink. 7 Comments.

  1. So sad, what business was it of Thompson to say anything to Hernandez? If a police officer didn’t see him urinating then others should have minded their own business. Another classic case of sticking your nose into someone else’s business that resulted in a person’s death. Sad that this system can’t see when somebody is gulity of cold blooded murder.

    Liked by 1 person

  2. Dear Xena,

    Since when did peeing against the wall, become a death sentence.

    Frankly, sometimes people are desperate I once saw a drunken guest at a party peeing in the host’s plant. Did I say anything? NO! As far as I was concerned, someone watered the plant.

    Hugs, Gronda

    Liked by 1 person

    • Gronda and Ladylove,
      You said it all! It was a case where John lost his life because Thompson felt entitled to stick his nose in where John urinated.

      Regarding the system not seeing when somebody is guilty of cold blooded murder, Thompson’s claim that John started the fight by hitting him first caused some of the jurors to accept his self-defense claim. At the retrial, the prosecutor needs to drive-in the fact that Thompson had no authority to approach and engage John. I remember with Michael Dunn, it took the retrial for prosecutors to drive-in the fact that Dunn had no intentions of contacting the police to report what happened.

      With this case, there was Thompson’s daughter who called her off-duty mom rather than calling 911. Thompson could have instructed his daughter to call 911 instead. He had no intentions of letting up on John.

      Liked by 2 people

  3. Reblogged this on Failure to Listen and commented:
    Another person of color murdered by privileged whites. In the video, you see a fat piece of lard, Terry Thompson on top of a smaller defenseless, John Hernandez. I guess the glutton felt threatened. Be careful, with corrupt courts and corrupt white juries there is no justice.

    Like

Join the discussion

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: