Independent investigation into deadly beating

- Chanting "you are not alone" in Spanish, supporters gathered on the jail steps with Johnny Hernandez's family. His widow says they are here to get justice for Johnny.

"He constantly told me you have to speak up for yourself. And that's why I'm speaking up for him today." said Maria Hernandez.

Earlier in the day, Harris County Sheriff Ed Gonzalez announced he was asking the Texas Rangers and the Department of Justice to oversee their investigation into his death.

"I understand there are some complexities and some side stories to this, so I just want to make sure there are another set of independent eyes that can take a look at it and review our work and see if we are missing something." he told reporters.

Complexities and side stories indeed.  This happened on May 28th. Security camera footage shows an intoxicated Hernandez leaving an east Harris county Denny's .  According to  the sheriff's office, he was urinating in the parking lot when Terry Thompson drove up and confronted him. A fight broke out. When it was over Hernandez was dead. It's not clear who started it, but the family's attorney says it doesn't matter.

"Even if he did you can't kill someone for starting a fight. Once you overpower him you can't stay there and choke him to death. As you might understand that's against the law." said Randall Kallinen.

Maybe. Maybe not. Other Legal experts tell Fox 26 it does matter who started it. If Hernandez did, Thompson can claim self defense. But their main concern is that Thompson's wife is a Harris County Sheriff's deputy, and that will tip the investigation  in his favor.

There's also a racial component. Activists point out Thompson  is white, while Hernandez was Hispanic.

The sheriff urges patience while the investigation  unfolds, but this much is already clear, Hernandez left behind a wife and a three-year-old child.

"It's unreal, I can't see it's happening. I feel it's all a bad dream and I'm going to wake up an he'll be here," said his widow.

When the investigation is complete, the case will be turned over to the District Attorney's office.

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