HOUSTON -- A Harris County grand jury has indicted Terry and Chauna Thompson for murder in the beating death of John Hernandez.
"We believe that this grand jury true bill is a reflection of our community's belief that a crime occurred and that crime was murder," District Attorney Kim Ogg said.
Terry Thompson is the man seen on video holding Hernandez in a choke hold outside a Sheldon area Denny's restaurant. Chauna Thompson, a Harris County Sheriff's deputy, helped restrain the victim and didn't stop her husband from choking him.
The medical examiner ruled Hernandez, 24, died from strangulation and chest compression.
Thompson confronted Hernandez after seeing him urinating outside the restaurant. Witnesses said he beat and restrained Hernandez even after he was clearly unconscious. They said Hernandez was too drunk to defend himself against the much larger Thompson.
A Denny's waitress was one of those witnesses.
“It's wrong, you know they shouldn't have killed the man. Nobody's life is worth taking for a mistake. We all make mistakes,” Melissa Trammel told KHOU 11 News. “Me and my manager we begged this man. He was turning purple we told him to stop but he did not stop."
Hernandez's wife and 3-year-old daughter also begged Thompson to stop but he and his wife ignored their pleas.
“She was crying and telling (the man beating Hernandez) stop and he didn’t even stop,” Hernandez’s wife said last week. “I told him, 'Please stop. Don’t do that to him. He’s drunk.' He wasn’t in any position to fight. But, he didn’t have any compassion. He was really angry.”
A cell phone video released this week by attorneys for the Hernandez family sparked outrage.
“It’s a very sad video because you’re watching a man basically being killed,” Attorney Jack Carroll said. “He was kicking his legs in a helpless fashion, and you can hear him gargling or gurling, ‘Stop, stop.’”
Photos: Community activists and family rally at Justice for John Hernandez March
Hundreds of supporters have marched through the streets of Houston since the May 28 beating, calling for justice for John. They demanded murder charges after the disturbing cell phone videos surfaced. Many felt Thompson was being protected because of his wife's job.
"To the public, I just want to the say that we've asked them to trust in the criminal justice process as we have from the beginning, and we ask that they continue to do that," Sheriff Gonzalez said. "It's still an ongoing process but we support the decision of the grand jury."
The Thompsons declined to tesify before the grand jury, Ogg said.
As of early Thursday evening, they were not in custody and will be allowed to surrender. Chauna Thompson was pulled from patrol duty earlier this week and is now on administrative leave.
Bond for both has been set at $100,000.