An eyewitness came forward with the short cell phone video clip after hearing John Hernandez died from his injuries. He was held down by the deputy's spouse, according to witnesses.
"He has this dude in a choke-hold and he cannot breathe," an eyewitness said.
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The video is difficult for Hernandez's family to watch. On Sunday, they held a vigil at the Denny's restaurant in his memory. Despite heavy rain, people like Gilberto Garcia brought their families to call for justice and support the Hernandez family.
"It's not fair just because he's Mexican nobody helped him. It is because the other guy was married with the (deputy)," Garcia said.
RELATED: Deadly Denny's fight under investigation
Susanna Santana, Hernandez's cousin, said the outpouring of support is touching.
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"It feels good to be heard," Santana said.
Vigil-goers voiced their concerns about fairness involving the case.
According to the sheriff's office, the deputy's spouse saw Hernandez urinating outside the restaurant and confronted him before the fight started.
State and federal authorities have been called in to help in the investigation before the district attorney decides whether to file charges.
"I think if it were the other way around, the guy would be arrested right there," Garcia added.
No arrests have been made.