Video clip of deadly encounter is released
Twenty-four-year-old John Hernandez spent his last conscious moments kicking, gasping and grunting as he tried to free himself from a chokehold performed by the husband of a Harris County Sheriff ’s Office deputy, new cellphone footage released Monday appears to show.
Even before the video came to light, the case had sparked controversy and public outcry that prompted Sheriff Ed Gonzalez last Friday to seek help from the state’s Texas Rangers and the U.S. Department of Justice.
The video was made public by criminal offense attorney Jack Carroll, who represents an unidentified man who captured video images of the incident that occurred late on the night of May 28, just outside the entrance to a
Denny’s restaurant in east Harris County.
Carroll said the videographer wishes to remain anonymous because of the parties involved in the case, particularly the sheriff’s office.
The video, which captured what attorneys call a key moment, is under one minute long.
But the unidentified cameraman and another witness, Maria Toral, the mother of Hernandez’s daughter, say the entire fight lasted about 10 minutes.
Attorneys weigh in
Attorneys representing Hernandez and criminal law experts say the video provides enough probable cause evidence to arrest and charge Terry Thompson, 41, the husband of deputy Shauna Thompson, for his role in Hernandez’s death.
“First time I saw it over the weekend, I was pretty shocked,” Carroll said at a news conference Monday. “It’s a sad video, because you’re watching a man basically get killed. He was kicking his legs in a helpless fashion … begging for it to stop.”
However, Scot Courtney, the attorney for Thompson, said Hernandez was the aggressor and hit his client first.
“This is absolutely not the full footage,” Courtney said, referring to the video. “I think the comments made by the other attorneys are a little irresponsible. You need all of the facts before coming to the conclusions they’re making.”
Courtney said the forensic evidence and the autopsy report are pending and are essential to the case.
The video does not show what led up to the chokehold but picks up around the time Thompson, 41, appears to overpower Hernandez, apparently placing his entire weight on the victim’s back as he performs the chokehold.
State, federal help sought
Hernandez died from his injuries last Wednesday night after spending three days in LBJ Hospital on life-support.
Gonzalez said the move to seek federal and state help was to avoid the perception of bias.
In contrast, Toral, the mother of Hernandez’s 4-year-old daughter, said the sheriff ’s office tried to show favoritism to the Thompson family.
“Absolutely not,” Gonzalez said last week in dismissing that assertion during a news conference when asked whether there was any favoritism shown in the incident.
The Harris County medical examiner has not issued a cause of death, but attorney Randall Kallinen, who represents Hernandez’s family, said the unnamed doctor who treated Hernandez concluded strangulation was the cause.
Gonzalez said he won’t make an arrest or charge Thompson until he has all of the evidence surrounding the case.
The Harris County District Attorney’s Office has confirmed that once each law enforcement agency has completed their respective investigations, the evidence will be presented to a grand jury, which will determine if anyone should be indicted for a crime.
Video captures chaos
The video clip depicts HCSO deputy Thompson, who was off duty and not in uniform, and her husband restraining Hernandez.
After she arrived at the scene, deputy Thompson yells at Hernandez to “stay the (expletive) down,” while her knee is placed on his shoulder.
“Do you want me to hit you again,” her husband follows, all the while as Hernandez kicks and grunts.
The video also shows Hernandez with bruises on his arms and hand, indicating some kind of scuffle prior to the beginning of the video.
A woman identified by attorneys as the Thompsons’ daughter then jumps in front of the cameraman.
“Why are you recording? Stop,” she said. “Just stop. It’s illegal to record; just stop.”
An unidentified man also attempts to block the cameraman’s view and threatens the videographer.
“That lady is a sheriff ’s deputy. If you continue, you will go to jail,” he said.
The screen then goes black with one final command of “stop moving” from deputy Thompson.
Law enforcement groups refused to comment on the deputy’s involvement and restraint of Hernandez, saying it’s a criminal case that is under investigation.
They added that they would rather wait until they had more than 50 seconds to review.
Exercising caution
Meanwhile, outside legal experts cautioned against using snippets of an incident to make conclusions.
“Was there anything justified in the altercation?” said Larry Karson a criminal justice assistant professor at the University of Houston-Downtown. “The end result would suggest not, but then again, that’s for the investigators to suss out before charging.”
The fight started after Thompson and his children pulled into a Denny’s parking lot in the 17700 block of the Crosby Freeway in east Harris County, according to authorities.
Thompson, later identified as the husband of a sheriff’s deputy, allegedly saw Hernandez urinating in public.
When Thompson reportedly confronted Hernandez, a fight followed, authorities said.
It’s unclear who initiated the fight, but attorneys and the sheriff’s office said Thompson was offended by Hernandez’s actions.
Authorities then said Shauna Thompson, who arrived in a separate vehicle to meet her family at the restaurant, called for assistance from the sheriff ’s office and medical services.
The deputy helped her husband restrain the other man, but the altercation ended with a motionless Hernandez being rushed to the hospital, authorities said.
The incident remains under investigation, and no charges have been filed as of Monday.