Denny's
Photo of this popular breakfast chain taken on February 3, 2009. Getty Images

On Sunday night, a 24-year-old man was beaten to death by the husband of a Harris County Sheriff's Deputy in the parking lot of a Houston, Texas Denny's, according to a KHOU 11 News report Thursday.

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A cell phone video surfaced of the event. The man in question, Johnny Hernandez, was in critical condition at LBJ Hospital until he was taken off life support Wednesday night.

On Sunday night, Hernandez and his family stopped at a Denny's after celebrating his Chivas soccer team's victory. He was drunk and his wife asked him to have coffee.

Surveillance cameras show Hernandez walking outside and urinating near their vehicle. A 41-year-old man, identified by his last name— Thompson, the sheriff deputy's husband, was in the parking lot with his children and addressed Hernandez about his behavior. The video footage shows the two men in a physical altercation. The fight attracted a crowd as Hernandez's wife and his 3-year-old daughter watched in panic.

"She was crying and telling (the man beating Hernandez) stop and he didn’t even stop," Hernandez’s wife said. "I told him, 'Please stop. Don’t do that to him. He’s drunk.' He wasn’t in any position to fight. But, he didn’t have any compassion," she told KHOU on Thursday.

An anonymous eyewitness disputes the claim made by the sheriff’s office that the off-duty deputy interfered in the fight and gave Hernandez CPR when she noticed he was not breathing. Hernandez was drunk and defenseless as he was beaten. He was held in a chokehold for ten minutes by Thompson, according to the eyewitness who spoke with KHOU Thursday.

"Even after I told him 'stop, stop' and other people were screaming he wouldn't do it," the eyewitness said. "His wife didn’t do anything, because I went in to call the police she was already there on the side and I didn't see her do anything, I didn't hear tell him stop. I didn't hear her tell him anything. She just was watching."

In the video of the fight, the man identified as Hernandez can be seen struggling on the ground. The video was obtained by attorney Jack Carroll. He said he received the video from the bystander who filmed it. It has supposedly been shared with the Harris County District Attorney's Office.

"An anonymous concerned citizen brought me the video because he said it shows murder. I concur," Carroll said to KHOU on Thursday.

Hernandez's wife says the police took her cell phone away before sending her to be interviewed about the events. A spokesman for the sheriff's office reported the incident is under investigation by their department. Sheriff Ed Gonzales said on Friday that the Department of Justice and the Texas Rangers will aid in the investigation for prime "transparency."

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Attorneys representing the Hernandez family have demanded Thompson's arrest, according to the Houston Chronicle. However, no charges have been filed yet. Johnny Hernandez’s wife is uncertain about the outcome of the police investigation.

"They feel that they can get it covered up because they are cops."