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Prosecutors will retry Terry Thompson after jury deadlocks 11-1 for not guilty

Defense attorney Scot Courtney said all 12 jurors believed Thompson was justified in using self-defense. But two of them didn't feel comfortable saying he was not guilty.

HOUSTON – Eleven members of the jury in the Terry Thompson choking death case believed he was not guilty of murder, according to Thompson's attorney. Even so, prosecutors announced Monday they will retry the case.

The murder trial ended in a mistrial Saturday night because jurors remained deadlocked after three long days of deliberations.

The murder trial of Terry Thompson in the death of John Hernandez ended in a mistrial on Sat. June 23. 

RELATED: Mistrial declared in Terry Thompson murder trial

Here's the breakdown of how they were voting, according to the defense attorney:

  • 11-1: Not guilty of murder
  • 10-2: Not guilty of manslaughter
  • 8-4: Not guilty of criminally negligent homicide

Prosecutors say Thompson strangled 24-year-old John Hernandez after Thompson witnessed him urinating behind his truck outside a Denny’s in the Sheldon area.

John Hernandez was beaten to death at a Sheldon-area Denny's restaurant. 

The jury deliberated for 29 hours after hearing several days of testimony last week.

Defense attorney Scot Courtney said all 12 jurors believed Thompson was justified in using self-defense. But two of them didn't feel comfortable saying he was not guilty "for moral reasons" since Thompson's actions caused Hernandez's death.

    The case is back to square one now after the mistrial.

    RELATED: What's next after mistrial in Terry Thompson case?

    MORE: Complete coverage of Terry Thompson murder trial

    Protestors marched around the civil courthouse and to the front steps of the Harris County Criminal Courthouse Monday, demanding justice for Hernandez.

    Related: Protestors demand #JusticeForJohn after judge declares mistrial

    In a statement, District Attorney Kim Ogg didn't say whether they would pursue another murder charge this time.

    The common-law wife of the victim, John Hernandez, took the stand Friday for the second consecutive day.

    "In the wake of a deadlocked jury and mistrial, we’ve once again reviewed and considered the evidence in the death of John Hernandez," Ogg said. "has been determined that Terry Thompson will be tried again for this homicide—allowing a jury of his peers to resolve this case."

    A lot of options are on the table. Prosecutors can retry the murder charge or try Thompson on a lesser charge, including criminally negligent homicide, manslaughter or aggravated assault.

    Thompson’s wife, a former deputy, is also charged with murder.

    Treece says the mistrial doesn’t directly impact Chauna Thompson’s trial, but it could have a ripple effect after prosecutors talk to jurors and find out how strong their case really is.

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