A murder charge has been dropped against a former sheriff's deputy who was accused with her husband of strangling a man to death outside a Houston restaurant.
Chauna Thompson and her husband Terry were both charged with murder for the 2017 death of John Hernandez, 24, outside Denny's restaurant near Crosby.
Terry Thompson was convicted of his murder last year and sentenced to 25 years in prison.
Investigators said Hernandez was urinating outside the restaurant and Terry Thompson had yelled at him to stop on May 28, 2017.
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A murder charge has been dropped against Chauna Thompson, (center), who was accused with her husband Terry, (right), of strangling a man to death outside a Houston restaurant
John Hernandez died in hospital after Terry Thompson locked him in a choke-hold outside and he eventually stopped breathing following a dispute outside Denny's in Crosby
Footage then shows Terry Thompson on top of Hernandez with his arm around his throat.
Prosecutors said that during the altercation, Hernandez signaled with his hand that he was no longer resisting but that Thompson kept him in a chokehold for an additional three minutes and 36 seconds until Hernandez went limp.
Hernandez eventually stopped breathing and Chauna Thompson administered CPR. Hernandez was later taken to the hospital but died three days later.
Chauna Thompson was originally charged because didn't try to intervene as Hernandez stopped struggling and eventually stopped breathing.
A bystander caught the disturbing incident on her cell phone and the video became a rallying point for relatives and supporters of Hernandez.
Prosecutors said after a thorough review of all the evidence, there was no way to prove beyond a reasonable doubt that she had committed a crime.
First Assistant District Attorney Tom Berg said: 'Courts have often said the role of a prosecutor is to do justice not to simply convict.
'Our action today is based on the lack of evidence to convict somebody and our ethical obligation not to go forward.
Terry Thompson, (left), was convicted of the murder of John Hernandez, while his wife Chauna Thompson, (right), had a murder charge against her dropped in relation to the case
Terry Thompson, accused of fatally choking John Hernandez, is shown in court in Houston on June 13, 2018. In November, a jury convicted Thompson of murder for the strangulation death of a man the couple confronted outside a Houston-area restaurant
Thompson, left, and defense attorney Scot Courtney, right, are shown in the court June 23, 2018. Thompson's trial
