An attorney representing the family of a man who died after an altercation says an "illegal chokehold" was to blame.

UPDATE: According to Click2Houston, Deputy Chauna Thompson and her husband Terry Thompson have been indicted in the death of John Hernandez.

The Harris County Sheriff's Office said that an off-duty deputy's husband arrived at a Sheldon Denny's restaurant on the night of May 28 when he allegedly saw John Hernandez urinating outside the restaurant. The husband, who had his kids with him, exchanged words with Hernandez over his inappropriate behavior which led to the altercation.

Hernandez was hospitalized as a result of the fight and died three days later after being taken off of life support.

Jack Carroll says a video of the confrontation was turned over to him by a "concerned citizen" who he is now representing. Carroll says the video shows the deputy's husband "lying on top of Hernandez as he gasped for air."

You're watching a man basically being killed. He was kicking his legs in a helpless fashion and you can hear him gurgling, just begging to stop. 'Stop,' (said) people in the background, family ...

The Hernandez family's attorney believes that what the video shows is manslaughter, if not murder.

it appears the guy has him in a chokehold and he chokes him, and he chokes him and eventually kills him.

The video also shows numerous people questioning the citizen for filming, some even threatening arrest.

Ed Gonzalez, the Harris County Sheriff, says that Hernandez' death is currently being investigated with the requested help of the Texas Rangers and the Department of Justice. Police also noted that they were aware of this video.

Harris County Sheriff’s Office investigators are aware of the cellphone video that was made public today. The investigation into the death of John Hernandez remains a high priority and will be referred to the Harris County District Attorney’s Office for consideration in a timely manner.

At the time of this post, no one has been charged in this incident.

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