Date confirmed for Terry Thompson retrial

HOUSTON — Terry Thompson will be tried again for homicide after the recent case against him ended in a mistrial. The Harris County resident is accused of using a deadly chokehold on a man in a Denny’s parking lot last summer in Crosby.

Thompson is scheduled to appear in court on Oct. 18.

“In the wake of a deadlocked jury and mistrial, we’ve once again reviewed and considered the evidence in the death of John Hernandez. It has been determined that Terry Thompson will be tried again for homicide— allowing a jury of his peers to resolve this case,” Harris County District Attorney Kim Ogg said in a statement released June 25.

A judge declared the case a mistrial after a jury spent nearly 30 hours in deliberations. Jurors had three guilty options to weigh in on including; murder, manslaughter or criminally negligent homicide. Of course, the jury was also given a fourth option of not guilty.

Because a decision could not be made, a mistrial was declared. A mistrial is treated as if the trial never happened, so that means both sides will have to start over.

Thompson's wife, former Harris County Deputy Chauna Thompson, is accused of assisting in the killing and is also scheduled for trial in October.