HOUSTON, Texas (KTRK) –
After more than 29 hours, the jury was unable to deliver a verdict in the murder trial of Terry Thompson.
On Saturday night, District Court Judge Kelli Johnson announced a misdemeanor less than an hour after the jury read an Allen suit before returning to the jury room.
Allen's indictment is used to urge a jammed jury to another trial for a verdict.
Terry Thompson, the man of the kill, accuses John Hernandez of facing Denny with a potential life imprisonment.
The jury, which consists of five women, seven men and one male alternate, began the trial on Thursday afternoon.
Thompson is charged with murder a confrontation with Hernández last year, holding him in a stranglehold.
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Jurors had four options to consider.
Before the deliberations began, the jury saw the not-so-infamous mobile video of the fight between Thompson and Hernandez outside Denny's last May.
It was during this fight that Thompson put Hernandez in a stranglehold. Hernandez would pass out and later die from his injuries.
RELATIONSHIP: Timeline of Deadly Fight on Denny's Parking
During the closing arguments on Thursday, the prosecution and the defense presented two very different sides of the ground. The confrontation led to the death of Hernandez.
"Mr. Hernandez walks 46 feet, comes to Mr. Thompson and goes" whack ", that's what he does," said defender Scot Courtney.
"This is not a fight, this is not a fight, this is an attack on a man lying on the ground," prosecutor Patrick Stayton said.
The jury had four options for deciding this case. They assume that Thompson is not guilty, guilty of murder, guilty of manslaughter or committing a gross murder.
A murder conviction could mean life in jail. A manslaughter conviction could amount to 20 years in prison, and the negligent homicides carry 1
Meanwhile, Terry's wife, former Sheriff County Sheriff's boss, Chauna Thompson, is awaiting her trial in October. At least one legal expert says the outcome of Terry's trial will have a profound effect on his wife's trial.
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