Multiple witnesses have provided video to news outlets showing Terry Thompson, the husband of Harris County Sheriff's deputy, on top of Hernandez, appearing to have him in a chokehold.
While Thompson's attorney Scot Courtney said that the video doesn't show that Hernandez "was the initial aggressor", a manslaughter or murder charge remains a possibility if it is deemed that Hernandez was no longer a threat and that the self-defense was no longer taking place.
The footage was captured by a concerned citizen who recorded the May 28 incident despite being told by the deputy to stop filming.
"If you continue recording, you will go to jail", one man tells the person recording the assault.
The horrifying video shows Hernandez helplessly kicking his legs and he can be heard gurgling as he is pinned down by his neck.More news: Cavs not making any lineup changes for Game 3 of the Finals
"I think it deserves at least a grand jury action".
"They feel that they can get it covered up because they are cops", Hernandez's wife, who says the deputy is lying, said.
An edited version of the video can be seen below.
Attorneys representing the Hernandez family have demanded Thompson's arrest, according to the Houston Chronicle. "I told him, 'Please stop". The deputy's husband confronted him after seeing him urinating outside the restaurant.
Shauna Thompson is alleged to have helped her husband restrain Hernandez, and the fight ended when he became motionless. He's drunk.' He wasn't in any position to fight.
The deputy allegedly called the Harris County Sheriff's Office for backup, and emergency medical services, before helping her husband restrain Hernandez, investigators said. "He was really angry". It's not clear whether Thompson or Hernandez initiated the physical confrontation.More news: Google will start distributing Android 8 this summer
An anonymous eyewitness disputes the claim made by the sheriff's office that the off-duty deputy interfered in the fight and gave Hernandez CPR when she noticed he was not breathing.
"(You all) saw the video", said a man who identified himself only as Hernandez's uncle.
"We appreciate the concerns and justice will be served".
The district attorney's office and the sheriff's office will not comment any further until the investigation is complete.
Sheriff Gonzalez said the homicide is still under investigation and stated he is asking for oversight of the HCSO investigation by the Texas Rangers and the U.S. Department of Justice. "It's because the other guy was married with the [deputy]", said Gilberto Garcia, who attended the vigil.
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.More news: Why Wonder Woman is groundbreaking