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After a hung jury in June, the former Harris County deputy's husband accused of choking to death a man in a late-night struggle outside a Crosby Denny's is now scheduled for another murder trial in October.

Following the earlier mistrial that came within a few votes of a not guilty verdict, it wasn't immediately clear what charges the Harris County District Attorney's Office would pursue when they announced plans to take the high-profile case against Terry Thompson back to court.

"We've once again reviewed and considered the evidence in the death of John Hernandez," the district attorney's office said in a statement at the time. "It has been determined that Terry Thompson will be tried again for this homicide — allowing a jury of his peers to resolve this case."

That left open the possibility that prosecutors would only go for a lower charge the second time around. But now, the 42-year-old railroad worker is scheduled for a status conference on Oct. 8 and a murder trial on Oct. 18.

Thompson is accused of killing Hernandez after a 15-minute struggle in May 2017 outside the northeast Harris County diner.

The case drew national attention after Thompson and his wife, former deputy Chauna Thompson, were caught on camera holding down the 24-year-old, who died days later in the hospital.

The 53-second video spurred protests downtown, but when prosecutors brought the case to court it ended in a mistrial when 11 jurors voted not guilty on the murder charge.

Ten voted not guilty for the lesser charge of manslaughter and eight agreed Thompson was not guilty of criminally negligent homicide.

NEED TO KNOW: The facts about the death of John Hernandez

But given the jury's vote the first time around, it could be an uphill battle retrying the case, according to defense attorney Scot Courtney.

"Obviously we're disappointed that a jury was unanimous in applying the law of self-defense but because of these circumstances it's a mistrial, and that's a little frustrating," Courtney said in June. "But it does lend credibility to our defense and it should send a message to whoever is looking at it as to how a jury would view this."