Deputy Chauna Thompson and her husband, Terry, have been released on bond after a grand jury indicted them on murder charges. The charges stem from an altercation that took place outside of a Houston-area Denny’s that left one man dead. 

Terry Thompson’s story is that he was attacked by John Hernandez, 24, on May 28.

“After being confronted with urinating in public, he rushed to my client and struck him in the face. Now, I would consider that an attack,” said Thompson’s attorney, Scot Courtney. That’s when Thompson threw Hernandez to the ground and locked him into a chokehold, according to CNN.

A man who was inside of the restaurant was one of many who then came outside and started recording the altercation. As Chauna Thompson came over and helped pin Hernandez to the ground, bystanders tried to block the recording of the incident, with one women falsely stating “It’s illegal to record.”

Around this time, Hernandez started to kick and gasp for air as his wife and daughter pleaded for him to be let go nearby.

“Do you want me to hit you again? Do you want me to hit you again?” Terry could be heard saying. The Thompsons then noticed that Hernandez wasn’t breathing before Chauna tried to administer CPR.. He was then taken to a local hospital where he remained in a coma until he died. His death was ruled a result of anoxic encephalopathy caused by strangulation by chest compression, in other words, a homicide.

The Thompsons turned themselves in and were later released on bond after spending the night in custody of Harris County.

“We believe that this grand jury true bill is a reflection of our community’s belief that a crime occurred,” Harris County DA Kim Ogg said. “And that crime was murder and it was participated by Terry Thompson and his wife Deputy Chauna Thompson.”

The future of the case is unclear as of now. Some feel that the charge of murder was too strict, as the intent to commit harm wasn’t clear. Others accuse the couple of not showing any restraint.

If convicted, the two could serve five years to life in prison.