HOUSTON – For the first time, we're hearing from the attorney representing the Harris County sheriff's deputy who, along with her husband, were involved in this deadly altercation, which was caught on camera.
Greg Cagle, the deputy's attorney, said, "Unfortunately, her husband was going to have dinner with the kids and she was going to meet them there and he was assaulted. He was not the aggressor in this event."
The incident happened at a Crosby Denny's two weeks ago when investigators say that the deputy's husband got into a physical altercation with 24-year-old John Hernandez after spotting him urinating in front of the restaurant.
From there, cellphone video shows some of what played out next.
"If you assault somebody and cause the kind of injury that this gentlemen inflicted upon her husband, you can certainly expect them to try and hold you down until law enforcement arrived," said Cagle.
Investigators say Hernandez stopped breathing during the altercation and was then hospitalized.
He died three days later after he was taken off life support.
"Obviously, nobody had any intention of causing him harm. The only intention was to stop his assault that he had started. And as soon as she realized that he needed help, she rendered aid to him," said Cagle.
While the investigation into the case remains ongoing, the deputy's attorney said she's now worried for her family because of things being posted to social media, including personal information.
"I mean, obviously, they're concerned for their safety based on the combination of the publication of their address and the threats," said Cagle.
