Erik Cantu: Grand jury indicts ex-San Antonio cop James Brennand for shooting unarmed burger-eating teen

Bexar County District Attorney Joe Gonzales said James Brennand will be prosecuted in the matter by his office's civil rights section
PUBLISHED DEC 2, 2022
James Brennand, 25, (L) who shot 17-year-old Erik Cantu as he sat in his car eating a burger was indicted by the Texas grand jury (San Antonio Police Department, San Antonio Police Department/Youtube screenshot)
James Brennand, 25, (L) who shot 17-year-old Erik Cantu as he sat in his car eating a burger was indicted by the Texas grand jury (San Antonio Police Department, San Antonio Police Department/Youtube screenshot)

SAN ANTONIO, TEXAS: Attempt to murder charges have been brought against the former San Antonio​ police officer who shot a 17-year-old unarmed teen while he was in a McDonald's parking lot, officials said on Thursday, December 1. A Texas grand jury indicted 28-year-old rookie officer James Brennand on two additional charges related to the shooting that occurred on October 2 that left 17-year-old Erik Cantu hospitalized for nearly two months.

At a press conference on Thursday, December 1, Bexar County District Attorney Joe Gonzales revealed the indictment. He said that Brennand will now be prosecuted in the matter by his office's civil rights section, possibly leading to a trial, in an effort to secure a conviction, reported New York Post.

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Gonzales added that Cantu was shot during one of the severe assault allegations, and a female passenger was also in the car. If found guilty, Brennand might spend his life in prison. “We know that most officers in this city care deeply about this community, but we cannot have a safe city if the community does not have trust in the criminal justice system,” Gonzales said Thursday, December 1. However, one of Brennand's attorneys argued that his client's account of what happened hasn't been fully presented. There’s been an initial “rush to judgment attitude,” attorney Nico LaHood argued. “We anticipate more information will be revealed that will further shed light on this incident,” said LaHood, a former Bexar district attorney. 

On body cam footage, Brennand is seen shooting at Cantu as he reverses his car and leaves the parking area after the officer abruptly orders him to come out of the vehicle. Cantu was seen munching on a burger just as Brennand walked up to the car. In October, two counts of aggravated assault by a public employee were brought against Brennand after his immediate dismissal.

Brennand noticed Cantu's vehicle, which he thought had eluded him the day before, while in the fast food restaurant's parking lot for an unrelated call, according to officials. When Brennand approached the car, which they claim he believed had been stolen, they claim he did so in violation of training and protocol. Despite the fact that the automobile's license plates did not match the vehicle, the car was not stolen, according to authorities.

After a nearly two-month hospitalization, during which Cantu spent time on a ventilator before making recovery, he was finally discharged from the hospital last week, just in time for the holidays. Ben Crump, the family's attorney, stated that Cantu and his family were "relieved" to learn of the indictment. “The grand jury’s decision to indict on an attempted murder charge and two counts of aggravated assault is a significant step toward justice — but there is still a long road ahead,” Crump said in a statement. “We will continue to fight for accountability and transparency through the legal process.”

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