HOUSTON – The case against Terry Thompson revolves around what happened just over a year ago outside a Denny’s in Crosby.
Prosecutors claim he strangled 24-year-old John Hernandez after Thompson witnessed him urinating behind his truck.
But after days of trial and 29 hours of jury deliberations, the case is back to square one.
A mistrial was declared after the jury deadlocked in deliberations
“A trial like this, a mistrial basically means it’s as if the trial never happened,” said Scot Courtney, Thompson’s defense attorney.
KHOU legal analyst Gerald Treece says the ball is now in the district attorney's court. The law requires a decision on how to proceed to be made in a “reasonable” amount of time. That will happen after both sides talk to members of the deadlocked jury.
“They took their time. They did what they can do. Now we have to reassess our position and that will let us know what we’re going to do,” said Jules Johnson after court Saturday, Harris County District Attorney’s Office.
A lot of options are on the table.
Prosecutors can re-try the case, change the charge, offer a plea deal or drop the case altogether.
The uncertainty is a tough pill to swallow for both sides.
“It’s a frustration that we’ve put the time in and weren’t able to come to some resolution. That’s the frustrating part,” Courtney said.
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.