Hearing set for Friday in wrongful death suit in John Hernandez case

By Aaron Barker - Senior Web Editor , Anoushah Rasta - Anchor/Reporter

HOUSTON - A hearing was scheduled for Friday in connection with the wrongful death lawsuit filed against a former Harris County deputy and her husband in the death of a man outside a Sheldon restaurant earlier this year.

Attorneys for the family of John Hernandez said in a statement that attorneys for former Deputy Chauna Thompson and her husband, Terry Thompson, have filed a motion to stay the case. 

"Criminal defendants can prolong their case as long as they like, there can be un-ending appeals. We have no idea when that's going to be finished. We want to get the questions answered that the Hernandez family has and see if we can get Alexandra some relief because her father isn't here to take care of her," said Hernandez family attorney, Troy Chandler.

The lawsuit is separate from the criminal case prosecutors have brought against the Thompsons, both of whom face murder charges.

"What answer do they hope to get out of the civil case? They're suing for money. You can only get money in a civil case. You can't take away people's birthdays. It's a civil case. You can only get money. The Thompsons don't have money to satisfy a judgement," said Thompson's attorney, Greg Cagle.

Hernandez died three days after the May 28 confrontation with the Thompsons outside a Denny’s restaurant. Video of the incident appeared to show Terry Thompson using a chokehold and lying on top of Hernandez while Chauna Thompson held down one of Hernandez’s arms.

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