Terry Thompson will be retried after jury deadlocks at first trial

HOUSTON – Terry Thompson will stand trial a second time after the jury at his first trial deadlocked.

Thompson and his wife, Chauna, a former Harris County deputy, are each charged with murder in connection with the death of John Hernandez after a confrontation outside the Denny’s restaurant on Crosby Freeway in northeast Houston on May 28, 2017.

Harris County District Attorney Kim Ogg said Terry Thompson will go back to court after a judge declared a mistrial Saturday.

“It has been determined that Terry Thompson will be tried again for this homicide -- allowing a jury of his peers to resolve this case,” Ogg said in a written statement.

The date for the retrial is still being determined, Ogg said.

The decision came after nearly 30 hours of deliberation by the jury at Thompson’s first trial.

Scot Courtney, Thompson's attorney, said the jury voted 11-1 not guilty on murder, 10-2 not guilty on manslaughter and 8-4 not guilty on criminally negligent homicide. He said all 12 jurors agreed that self-defense law applied but two jurors could not acquit Thompson.

Terry Thompson is accused of putting Hernandez in a chokehold until Hernandez lost consciousness during the fight last year. Hernandez died three days later.

Chauna Thompson is scheduled to stand trial in October.

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