HOUSTON (AP) — Prosecutors say in October they'll hold another murder trial for a former deputy's husband charged in the death of a man he and his wife confronted outside a Houston-area restaurant.

Terry Thompson was originally on trial in June in the death last year of 24-year-old John Hernandez. It ended in a mistrial and prosecutors said afterward they would seek to retry Thompson.

On Tuesday they confirmed when the trial will be held and that they'll seek to prosecute him again on a murder charge.

Thompson and his wife, Chauna, were each charged with murder.

Chauna Thompson was a Harris County sheriff's deputy at the time but was later fired. She has not yet gone to trial.

Prosecutors have said Terry Thompson held Hernandez in a chokehold for up to 15 minutes.

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