Defense in choking trial: Harris County prosecutors ‘hiding’ the true story

Chauna Thompson has been charged with murder in the choking death of John Hernandez, 24, outside a Houston-area Denny's. Chauna Thompson has been charged with murder in the choking death of John Hernandez, 24, outside a Houston-area Denny's. Photo: Harris County Sheriffs Office Photo: Harris County Sheriffs Office Image 1 of / 12 Caption Close Defense in choking trial: Harris County prosecutors ‘hiding’ the true story 1 / 12 Back to Gallery

Prosecutors on Monday are expected to conclude their murder case against the husband of a fired Harris County deputy, who is being retried for fatally choking a fellow patron during a late-night confrontation outside a Denny’s restaurant last year.

Meanwhile, defense attorneys for Terry Bryan Thompson claimed prosecutors are attempting to conceal the “true story” of the fatal encounter from jurors by limiting testimony brought during an earlier trial.

“The state’s strategy in this case is to prevent the jury from truly knowing what was going on that night in the hopes that they convict somebody without knowing the full and true story,” attorney Scot Courtney said after court recessed for the day Friday. “It’s disappointing that the state would rely on deception rather than all the evidence.”

Thompson, a 42-year-old railroad worker, faces life in prison if convicted of murdering John Hernandez, a 24-year old Houston resident. Thompson’s first trial ended in June when a jury could not reach a unanimous verdict on whether he committed murder or acted in self-defense when he put Hernandez in a chokehold after wrestling him to the ground.

Courtney said this trial is a “perfect example of how the jury system is manipulated by the state.”

“It’s our job to endeavor to show the jury everything and overcome the state’s efforts to hide the information and the true story,” he said.

Prosecutors John Jordan and Sarah Mickelson Seeley declined to comment Friday.

Courtney gave several examples to back up his contention, including testimony Friday of a police officer who arrived at the scene in the parking lot of the popular Crosby-area eatery. His testimony was cut short by prosecutors before he could tell jurors what Thompson told him when he first arrived.

The prosecution argued, and state District Judge Kelli Johnson agreed, that Thompson’s words to the officer, which are in his official report, are “hearsay” and therefore inadmissible.

Courtney also noted that prosecutors have moved to keep the jury from hearing that Hernandez threatened another patron before he got into the altercation with Thompson. He said the jury is also unlikely to hear that Hernandez sometimes got violent when he drank, as his wife testified in the first trial.

“The state does not want the jury to hear that,” Courtney said. “They don’t want them to hear the truth.”

The fatal 15-minute struggle took place the Sunday night before Memorial Day holiday.

Thompson arrived at the restaurant shortly after 11 p.m. on May 28, 2017 with his teenaged daughter and two of her girlfriends. Thompson told police he saw Hernandez urinating outside of the restaurant, and called out to him to stop.

Thompson ended up with a black eye after confronting Hernandez. Testimony in the first trial showed that Hernandez was intoxicated after spending the day playing soccer and watching an international soccer match on television while drinking with friends.

Courtney said Thompson was attacked and had a right to restrain Hernandez until the police got there. He has said his response was too forceful, but it is not murder.

Thompson’s wife, Chauna Thompson, who was a Harris County Sheriff’s deputy at the time, is also charged with murder and is accused of helping to hold Hernandez down. Her trial is pending.

The couple were recorded on a camera phone holding down Hernandez in a 53-second video. He lost consciousness on the pavement outside the restaurant and died days later in a hospital.

The release of that video ignited a series of protests and international news coverage about police violence and bias, because it was Hernandez who was originally charged with assaulting a peace officer.

After the video surfaced, Chauna Thompson was fired from the Harris County Sheriff’s Office and both were indicted for murder.

The trial, in Johnson’s court, is expected to last another week.

brian.rogers@chron.com