According to a spokesperson for the Harris County Sheriff’s Office, the off-duty deputy’s husband arrived at the restaurant the night of May 28 with his children and saw Hernandez urinating outside the restaurant. The Sheriff’s Office said the husband confronted Hernandez about his behavior, and a fight began.
Hernandez was hospitalized after the confrontation. He died three days later after he was removed from life support.
Attorney Jack Carroll said the video was turned over to him by a concerned citizen. Carroll is now representing the man, who wishes to remain anonymous. He said the video showed the deputy’s husband lying on top of Hernandez as he gasped for air.
"You're watching a man basically being killed," Carroll said. "He was kicking his legs in a helpless fashion and you can hear him gurgling, just begging to stop. 'Stop,' (said) people in the background, family ..."
The family’s attorney said the video showed a crime of at least manslaughter being committed.
"It appears to be manslaughter if not a murder," said Randall Kallinen, the Hernandez family's attorney. "Because it appears the guy has him in a chokehold and he chokes him, and he chokes him and eventually kills him."
They said the video also showed several people demanding the citizen stop recording, and the citizen was even threatened with arrest if the recording did not stop.