James Brennand — former San Antonio police officer whowho was eating in his car in a McDonald’s parking lot — was arrested and charged with assault. from the force on Oct. 4, two days after the shooting.
He now faces two counts of aggravated assault by a public servant.
Brennand shot and killed 17-year-old Erik Cantu on October 2. Body camera video shows Brennand walking toward a parked car in a McDonald’s parking lot. He then opened the driver’s door and ordered Cantu out of the car. Cantu, holding a hamburger, appeared shocked and reversed the car.
As the car backed up, the open door hit Brennand. About five seconds after opening the door, Brennand fired five rounds into the car. He fired an additional five shots as the car drove away.
Brennand, who had been on the force for less than a year, violated training and police procedures after approaching the car, police training commander Alyssa Campos said in a statement announcing his firing.
“The officer jerked open the driver’s door and ordered the driver out of the car” before the backup officers requested by Brendan arrived, Campos said.
“Nothing that officer did that night was consistent with our training or our policies,” San Antonio Police Chief William McManus said Monday.
Cantu’s family said Tuesday that the teenager remains on life support.
“The past two days have been difficult and we expect more difficulties in the future, but we remain hopeful,” the family said in a statement. “We would like to correct any false statements that Eric is in ‘stable condition’ or that he ‘will be fine.’ This is not true. Every breath is a struggle for Eric. We ask everyone to continue the prayers for our son.”
Brennand was called to McDonald’s for an unrelated disturbance. He told investigators the car looked like the one he had gotten away with the day before.
A Texas prosecutor said in a statement Friday that he has not seen enough evidence to file charges against the teenager.
“While Sunday’s shooting of an unarmed teenager by a then San Antonio police officer remains under investigation, the facts and evidence we have received so far have led us to dismiss the charges against Erik Cantu pending further investigation,” said the county attorney. Bexar Joe Gonzales. .