SAN ANTONIO — The Bexar County District Attorney rejected charges against Erik Cantu, who is still in the hospital. Nearly a week since the incident at a McDonalds on Blanco Road which cost a rookie San Antonio police officer his job and nearly cost seventeen-year-old his life.
"Get out of the car," The voice of now-former SAPD officer James Brennand can be heard on the Body-Camera footage released by SAPD. After a quick glance at Brennand, who did not verbally identify himself as an officer, Cantu can be seen shifting into reverse and attempting to drive away, burger still in hand.
The body-cam footage can be viewed here.
The interaction last Sunday with Brennand left 17-year-old Cantu with four bullet wounds and two criminal charges from SAPD.
"When the case was filed, the teenager was originally charged with evading with a vehicle an aggravated assault," Bexar County District Attorney Joe Gonzalez said outside of the Paul Elizondo Tower as he announced he would be rejecting those charges.
Gonzalez said that since Cantu hasn't been formally indicted, they can decide to pursue charges later depending on the evidence.
"That's not to say that, that charges can't or won't be brought against that individual. But for now, that is a decision that we are making," he said. "There's no risk of his escaping. It's not like he can get up and run away"
In the meantime, this move allows Cantu’s family greater access to him while he recovers in the hospital.
"I understand it's a touch and go situation. So again, exercising my discretion, what I decided to do was to for now dismiss this case, so that his family can be by his side, so that they can visit with him."
As for Officer Brennand, he has been fired over the incident. He had been on the force for seven months which put him in a probationary period. Bexar County Civil Rights investigators are also looking at the incident.
"I don't want to speculate. We know deadly weapon was used that's aggravated assault with a deadly weapon,” said Bexar County Civil Rights Division Chief Daryl Harris.
“There are certain enhancements by the statute given the officer stature," Harris said.
Gonzalez said that any charges brought against Brennand will not be taken lightly.
"When we charge an officer with a crime it is a very serious matter, and we take it very seriously,” Gonzalez said. “But we do that because I have made a commitment to this community that there is no one that is above the law, and we will hold everyone accountable."