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Harrowing footage has emerged of the moment a man was pinned to the ground outside a Denny's and allegedly choked to death by the husband of a sheriff's deputy.
Johnny Hernandez, 24, was declared brain dead from injuries suffered during the altercation and was taken off life support in a Houston hospital a week ago.
The young father was allegedly beaten, pinned to the ground and choked after getting into a confrontation with Terry Thompson outside the Denny's restaurant in Sheldon in Harris County, Texas on May 28.
Lawyers acting on behalf of Hernandez's family have now released cellphone footage shot by a witness to the deadly confrontation, the Houston Chronicle reports. The footage shows Thompson, 48, lying on top of Hernandez while he has him in a choke hold.
Thompson's wife Shauna, who is a Harris County Sheriff's deputy, was next to him and appeared to be holding the victim's arm down with her knee.
The horrifying video shows Hernandez helplessly kicking his legs and he can be heard gurgling as he is pinned down by his neck.
Lawyers say the footage only captured the final part of the ordeal and the deputy's daughter tried to block the witness from filming.
The witness came forward with the footage after learning that Hernandez had died from his injuries.
No one has been charged in relation to Hernandez's death. The sheriff's deputy will remain on duty while her involvement is investigated. The victim's lawyers have accused the sheriff's office of trying to cover up the death because Thompson is married to one of their own.
Witnesses previously said Hernandez was drunk when he went outside the Denny's to urinate.
Thompson had just pulled into the parking lost with his children and confronted Hernandez. Thompson's wife, who was off duty at the time, had arrived to the restaurant in a separate vehicle to meet her family.
According to the witnesses, Hernandez threw the first punch, but was quickly brought to the ground by Thompson and held there.
Hernandez's wife says Thompson punched her husband in the head 'endlessly' while a Denny's worker who was on shift said he saw him choking him. The female sheriff's deputy was not initially present but arrived to find her husband restraining him.
Investigators say she called for backup and helped her husband restrain the man.
When she realized Hernandez wasn't breathing, she began CPR and called for an ambulance.
Hernandez was taken to the hospital and was put on life support. He was pronounced dead on Wednesday. Surveillance footage taken inside the restaurant vaguely shows him being thrown to the ground and held down by Thompson who was wearing an orange shirt.
Harris County Sheriff's Office said they are still investigating the incident.
Lawyers for Hernandez have demanded an external investigation take place.