A video released on Monday shows a Houston man struggling on the ground while a police officer's husband keeps him in a chokehold.
A concerned citizen captured footage of the May 28 incident in which John Hernandez, 24, sustained fatal injuries, NewsFix reports.
Investigators say the Harris County deputy's husband, whose name was not made public, drove to Denny's at 11:40 p.m. with his children to meet up with his wife, who was off-duty at the time.
While waiting in the parking lot, deputies said the husband saw Hernandez urinating in public and went to verbally confront him about his behavior. The argument escalated to a physical altercation. Moments later, the deputy arrived.
Video shows the deputy's husband on top of Hernandez's back, choking him. Hernandez can be seen kicking his back legs and making audible sounds of struggle.
The deputy told the person capturing footage of the fight to stop recording her husband because it is "illegal."
Off-camera, she allegedly called the sheriff's office for backup and emergency medical services before helping her husband restrain Hernandez, investigators said.
The man did not get off of Hernandez until the 24-year-old stopped moving. When the deputy realized he was not breathing, she performed CPR on him until paramedics arrived, according to NewsFix.
Neither the deputy nor her husband was injured in the incident and no charges have been filed at this time. The deputy will remain on active duty while Internal Affairs investigates the incident, the sheriff's office told NewsFix.
According to the Hernandez family's attorney, the deeply disturbing video is confirmation that Harris County deputies actively tried to cover up the incident.
"This is what witnesses have been saying all along," said Randall Kallinen, a civil rights lawyer, according to NewsFix.
Hernandez died from his injuries on May 31 after being taken off life support. His family chose to remove his breathing tube after doctors determined that he was brain-dead.