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Retrial for Terry Thompson begins with opening statements from prosecutors

In May 2017, Thompson and Hernandez got into a fight outside a Denny's restaurant which led to Thompson placing Hernandez in a choke hold until he lost consciousness.

HOUSTON - The retrial for Terry Thompson began Tuesday morning with opening statements from the prosecution; the defense opted to reserve theirs.

Thompson is accused of choking John Hernandez, 24, to death outside a Denny's restaurant in May of 2017.

Back in June of this year, Thompson's murder trial ended in a mistrial because jurors remained deadlocked after three long days of deliberations.

He was back in court last week as jury selection was underway.

On Tuesday, KHOU 11 learned the jury is more diverse and is made up of 9 women and 6 men, three of whom are alternates.

Related: Prosecutors will retry Terry Thompson after jury deadlocks 11-1 for not guilty

During opening statements, prosecutor Sarah Seely recapped the crime, “Do you want me to hit you again?” she said quoting Thompson. “Those are the words that came from that grown man’s mouth as he strangled the last breath from John Hernandez’s too short life.”

The altercation was caught on camera and Thompson is seen in the video on top of Hernandez with an arm around his neck.

Hernandez was in the choke hold until he lost consciousness. He died in a hospital a few days later.

Thompson and his wife Chauna Thompson, who helped hold Hernandez down at the time, were arrested in Hernandez's death.

On Tuesday, prosecutors said Thompson was motivated by anger and not fear, as his team argued in the first trial. Thompson's attorneys said he was defending himself and his wife from an aggressive and drunken Hernandez.

Thompson’s first trial ended earlier this year with a hung jury. Although we later learned 11 of 12 jurors decided against a murder conviction.

The defense waived opening statements on Tuesday. However, attorneys objected to several of the prosecution’s key points.

Meanwhile, Hernandez's family members told us through a spokesperson that they’re anxious about the re-trial given how the first trial ended.

Chauna Thompson's trial was originally set to begin on Friday, October 19th but on Thursday, court officials said it has been rescheduled to begin on March 26, 2019.

MORE: Complete coverage of Terry Thompson murder trial

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