Whipped Cream Difficulties

Really, I wasn’t. But I tossed off a quick email mention to a few friends last night, and I was surprised at the reaction. Then I saw that the story made the WP…

Terry Thompson was indicted Thursday on murder charges. His wife was also indicted as an accessory.

The twist is: Mrs. Thompson is a Harris County Sheriff’s deputy.

Backstory: On May 28th, Terry Thompson and his kids went to a Denny’s. There, they ran into John Hernandez, who was allegedly urinating in public outside the restaurant. Thompson confronted Hernandez and the confrontation got physical at some point. Thompson took Hernandez to the ground, pinned him down, and put his arm around Hernandez’s neck.

There isn’t video of what led up to the confrontation, but there is about 50 seconds of video showing Thompson pinning down Hernandez. Mrs. Thompson is also shown helping her husband pin down Hernandez. (My understanding is that Mrs. Thompson also tried, or encouraged other people to try, to stop the video, but I can’t find my original source for that. I may have misread or misremembered one of the stories.)

Hernandez eventually stopped breathing and passed out, at which point Mrs. Thompson administered CPR. Hernandez was taken to the hospital, where he died three days later from “a lack of oxygen to the brain caused by chest compression and strangulation” according to the coroner.

The sheriff’s office, rightly (in my opinion) asked the Texas Rangers and Department of Justice to assist with the investigation, and suspended Deputy Thompson. But there was a significant amount of community pressure in this case, including a demonstration in front of the DA’s offices Wednesday afternoon.

Keep in mind: Hernandez passed on the 31st, and the Thompsons were indicted on the 8th. I’m not sure if anyone knows how far the Rangers and DOJ have gotten in their investigation. But the sheriff his ownself today announced that Internal Affairs is looking at eight other deputies who responded.

That’s probably not unusual: from my understanding pf APD policy, this would be considered a “death in custody”. APD’s Special Investigations Division would be tasked with investigating it, IA would probably be involved as well, and they’d be looking at everyone who showed up to the scene.

What is unusual is that this was presented to the grand jury as a “direct to grand jury” case, and the speed with which it was presented to the grand jury. Murray Newman, who I’ve mentioned many times in the past (former Harris County prosecutor, now defense attorney) has a good explanation: briefly, “direct to grand jury” means the prosecutors present whatever evidence they have, but leave the decision on whether and what charges to file up to the grand jury.

Cases that are presented directly to Grand Jury are usually complicated ones. They often take weeks and weeks, if not months and months, to investigate before a presentation is made. The idea that there wasn’t sufficient evidence to file charges on Thompson last week but there is enough for a full Grand Jury presentation this week doesn’t really compute. The skeptical side me thinks that there is more in play here.

HouChron coverage of the indictment. WP story. Both of these include the video.

So is the DA’s office trying to railroad a guy and his wife for acting in self-defense, because elements of the community are demanding it? Or did this guy and his wife the deputy figure they could get away with choking a minority because of their law enforcement connections?

Or does the truth lie somewhere in the middle? I have no idea. This is why we have judges and juries. But it will be an interesting case to follow.

This entry was posted on Friday, June 9th, 2017 at 7:37 pm and is filed under Cops, HCDA, Law, Politics, Texas. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.