Man dies after being restrained by Texas deputy, her husband

Video surfaces of fatal beating; deputy's husband accused

SHOCK VIDEO captures deputy's husband placing man who later died in chokehold

The medical examiner for Harris County, Texas, has ruled that 24-year-old John Hernandez, who died three days after a deputy's husband allegedly restrained him during a fight outside a Denny's restaurant in Houston, died from anoxic encephalopathy because of strangulation with chest compression. A fight broke out in which the deputy's husband used the chokehold on Hernandez, and Hernandez died three days later after being taken to the hospital.

"An anonymous concerned citizen brought me the video because he said it shows murder". Newly-released cell phone video of the tragic incident shows Hernandez struggling on the ground while being held in a chokehold by the man. "They killed my nephew", said Wendy Maldonado, Hernandez's aunt. "He was kicking his legs in a helpless fashion, and you can hear him gargling or gurling, 'Stop, stop'". Prosecutors started reviewing that evidence Tuesday evening and will present it to a grand jury of citizens in the near future.

An eyewitness told ABC News that Hernandez appeared to be drunk when he was inside the restaurant before the confrontation. I didn't hear her tell him anything. He also assured that the deputy's husband was not receiving preferential treatment because of his wife's position.

An eyewitness says she has footage revealing another view of the Texas Denny's brawl involving a deputy's spouse that led to a young father's death on May 28 (video below). They said Shauna Thompson helped her husband restrain Hernandez.

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"Mr. Hernandez, after being confronted for urinating in front of the Denny's entrance in the parking lot after he was told that wasn't what should be happening, his response was to very quickly approach my client and strike my client in the face. He was really angry".

Carroll played the video for reporters on Monday.

At this point, the deputy will remain on active duty while the sheriff's office investigates the incident. That statement was made by attorney Scot Courtney following the release of a short video shot by an eyewitness of the incident.

Shauna Thompson reportedly called for assistance and emergency medical services before helping her husband restrain Hernandez, and when she noticed Hernandez was not breathing, she began CPR until help arrived.

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

"We appreciate the concerns and justice will be served", she said, "We want a fair process for both the victim and the accused in the grand jury process". "I think if it were the other way around, the guy would be arrested right there", Garcia added.

Johnny Hernandez, 24, was declared brain dead from injuries suffered during the altercation and was taken off life support in a Houston hospital a week ago.

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