HOUSTON — In a stunning turn of events, murder charges against former Harris County Sheriff’s deputy Chauna Thompson have been dropped.
Thompson was awaiting trial for the choking death of John Hernandez in 2017.
Thompson’s husband, Terry, was convicted of murder last year and sentenced to 25 years in prison. Chauna Thompson was originally charged because she stood by and didn't try to intervene, even when Hernandez stopped struggling, then stopped breathing.
A bystander caught the disturbing incident on her cell phone and the video became a rallying point for relatives and supporters of Hernandez.
On Wednesday night, Hernandez’s family gathered at the Denny’s where he was choked.
The family is shocked by the Harris County District Attorney’s decision to drop the charges against Chauna Thompson.
They feel the justice system has let them down.
“For the justice system to let this family down it’s just bringing them more pain," said Janey Torres, a Hernandez family friend.
All the family wants is justice for John Hernandez.
“It was such a low blow. We really wanted to get justice," said Melissa Hernandez, John Hernandez’s cousin. “We we’re really hoping that the justice system was going to be on our side and help us get what John deserved.”
Prosecutors said after reviewing all the evidence, including cell phone video that caught the incident, there was no way to prove beyond a reasonable doubt that she committed a crime.
The family wishes Chauna Thompson would have gone to trial, even if it ended in a not guilty verdict.
“We want to fight until the end, but right now, they’re cutting our wings. They’re not letting us fight," said Ignacio Hernandez, John Hernandez’s father.
Chauna Thompson’s attorney Greg Cagle was ready to go to trial. He didn’t find out charges were dropped until the media started calling.
Cagle is more surprised Chauna Thompson got indicted in the first place then he is the case being dismissed.
“The same people, the same office that took this case into a grand jury to get it indicted, have now come out saying we can’t prove the case and there’s nothing that’s changed. The facts are all still the same," Cagle said.
Even though the family feels defeated right now, they believe Chauna Thompson will end up paying for her role in John Hernandez’s death.
“Only God. If the law here fails us, God’s law won’t fail us," Ignacio Hernandez said.
The family has accepted the DA’s decision and are going to be spared from having to relive all of the painful details during a third trial. They can now begin to close the painful chapter in their lives.
Chauna Thompson was fired from the Harris County Sheriff’s Office but is making an appeal to get her job back. John Hernandez’s family hopes she never works as a law enforcement officer ever again.
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