New trial date set for man charged in deadly fight outside Denny's

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Tuesday, August 14, 2018
New trial date for Terry Thompson
A new trial date has been set for Terry Thompson.

HOUSTON, Texas (KTRK) -- A new trial date has been set for the man charged with murder after a deadly fight outside a Denny's in northeast Harris County.

Terry Thompson's trial is now expected to be held on Oct. 18 after a mistrial in June.

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.

RELATED: Timeline of deadly fight in Denny's parking lot

ABC13's Miya Shay speaks to a legal expert on how the outcome of a murder trial for Terry Thompson will affect the trial against his wife, a former deputy.

DEATH AT DENNY'S: The fight,fatality and fallout of a fateful night