Prosecutors will take Terry Thompson homicide trial back to court

HOUSTON (FOX 26) - In the wake of a deadlocked jury and mistrial, prosecutors will be taking Terry Thompson back to court for the death of John Hernandez.

This comes after jurors deliberated for more than two dozen hours, and 178th District Criminal Court Judge Kelli Johnson has declared a mistrial in the case.

Members of the jury were brought back into the courtroom where the judge instructed them to continue deliberations on Saturday until they could come to a unanimous decision that "does not cause violence to their conscience." The judge had also read that a hung jury would result in a mistrial.

The judge in the case had told the members of the jury that they had four options to consider. Thompson was initially brought to trial and charged with murder in the death of Johnny Hernandez. 

The four options were whether or not Thompson would be acquitted altogether or convicted of murder, manslaughter or criminally negligent homicide.

The chokehold incident happened in May 2017 when Thompson and Hernandez began to fight outside of a Crosby-area Denny's restaurant. Thompson had confronted Hernandez, who was reportedly intoxicated and urinating outside the diner. Hernandez then punched Thompson, and it was during that fight that Thompson placed a chokehold on Hernandez, who later died from his injuries.

The district attorney's office says coordination with the court is underway to schedule a new trial date.