Terry Thompson's trial is now expected to be held on Oct. 18 after a mistrial in June.
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Terry Thompson is accused of putting 24-year-old John Hernandez in a chokehold during an altercation outside a Denny's that prosecutors say led to Hernandez's death three days later.
Chauna Thompson, a former Harris County Sheriff's deputy, is also charged with murder for her alleged role in holding Hernandez down during the incident, which occurred in May 2017.
Her trial is still scheduled for Oct.19.
A jury was unable to reach a verdict for Terry Thompson after 30 hours of deliberation.
Jurors had four choices: guilty of murder, guilty of manslaughter, guilty of criminally negligent homicide or not guilty, meaning they believed Thompson acted in self-defense.
The district attorney's office announced it would retry Thompson for the homicide.
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