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HOUSTON, Texas – The family of a Texas man who died after a confrontation with a Harris County deputy’s husband says it is seeking justice.

Cell phone video recently was released that shows the 41-year-old husband of a deputy on top of 24-year-old John Hernandez. Investigators say Hernandez was seen urinating outside a Denny’s restaurant, which led to the deputy’s husband to confront him.

Authorities say a fight ensued and the man got on top of Hernandez and held him in a choke hold until he was unconscious.

“The man was helpless, but [he] kept on holding him. You can see on his right hand that he’s missing a lot of skin, which shows that this has been going on for quite some time. My client said this has been going on for at least 10 minutes,” said Jack Carroll, attorney for the Hernandez family.

The deputy is seen on the video holding Hernandez down as her husband continues to hold him in a choke hold.

The deputy and her family began telling the person shooting the video that it was “illegal” to record.

When Hernandez stopped moving, witnesses told CW 39 that the deputy began performing CPR on Hernandez until paramedics arrived.

Authorities say neither the deputy nor her husband were injured during the altercation.

At this point, the deputy will remain on active duty while the sheriff’s office investigates the incident.

“There will be ample time for the district attorneys to review the case and determine what charges are applicable,” said Harris County Sheriff Ed Gonzalez.

Gonzalez says they are still waiting on the medical examiner’s office to determine a cause and manner of death in the case.

So far, no charges have been filed and no arrests have been made.