Mistrial for Terry Thompson in death of John Hernandez

HOUSTON (FOX 26) - Following three days of deliberations for jurors in the trial of Terry Thompson, 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.

Following a full day of deliberations on Friday, the jury resumed the process late on Saturday morning. The jury initially began to deliberate at around 4 p.m. Thursday.

Jurors were called on to decide on the fate of Thompson. 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 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.

"There are facts in this case that give a jury a lot to deliberate about — whether or not he intentionally killed him — and there are facts in this case that show that all he was trying to do was to restrain him until authorities arrive to take him into custody,” says FOX 26 News senior legal analyst Chris Tritico.

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

“So the jury first has to decide on the murder case," explains Tritico. "If they find him not guilty of murder, then they can look at manslaughter and if they find him not guilty of manslaughter, then they can look at criminal negligent homicide and decide if he’s guilty or not guilty of that, so they go in order of those three in that order before they can render a final verdict.”

A guilty verdict on any of the charges would range in punishment from ten years to life in prison.