In this case the husband of a deputy is being had a confrontation with a man outside a restaurant that resulted in the death of the man.

And now a “concerned” citizen has released a video that appears to show the man choking to near death (he later died in hospital) as the husband of the deputy applied a chokehold, that is illegal to be used by law enforcement. His deputy wife was present but off duty.

Click2houston.com wrote of the story:

An attorney for the family of a man who died after a confrontation with a Harris County deputy’s husband outside a Sheldon restaurant said video released Monday showed an “illegal chokehold” was used to subdue the man.

According to a spokesperson for the Harris County Sheriff’s Office, the off-duty deputy’s husband arrived at the restaurant the night of May 28 with his children and saw Hernandez urinating outside the restaurant. The Sheriff’s Office said the husband confronted Hernandez about his behavior, and a fight began.

Hernandez was hospitalized after the confrontation. He died three days later after he was removed from life support.

Attorney Jack Carroll said the video was turned over to him by a concerned citizen. Carroll is now representing the man, who wishes to remain anonymous. He said the video showed the deputy’s husband lying on top of Hernandez as he gasped for air.

“You’re watching a man basically being killed,” Carroll said. “He was kicking his legs in a helpless fashion and you can hear him gurgling, just begging to stop. ‘Stop,’ (said) people in the background, family …”

Read more here.