SAN ANTONIO — While Erik Cantu is fighting for his life in the hospital, former San Antonio police officer James Brennand is out on bond while authorities finalize the investigation.
Brennand turned himself into authorities Tuesday after warrants were issued for his arrest following the shooting of 17-year-old Cantu on Oct. 2. Police charged Brennand with two county of aggravated assault with a deadly weapon by a public servant. The Bexar County Sheriff's Office said Brennand bonded out at 4 a.m.
“In San Antonio we have a long history of officers not being charged for potentially criminal conduct, so this is not the first time but it’s extremely rare,” said San Antonio attorney and legal analyst Joseph Hoelscher.
The Bexar County District Attorney’s Office is now waiting for SAPD to conclude its investigation so the Civil Rights Division can fully review the case before presenting to a grand jury.
“If it comes through the grand jury, then the next step will be a pre-hearing where evidence that should be exchanged. They should then begin expressing plea bargaining’s,” Hoelscher said.
Police body-cam video shows Brennand opening Cantu’s car door and demanding him to exit the parked vehicle in a McDonald’s parking lot. Cantu, who’s eating a burger at the time, proceeds to back up and drive off while Brennand fires his gun several times.
On Thursday, SAPD told KENS 5 the vehicle Cantu was driving was not stolen. "The officer thought it may have been a stolen vehicle and called for cover," the initial narrated video released by SAPD says.
McManus made it clear the shooting was unjustified and a clear violation of policy. He said Brennand was certified to patrol on his own after completing 15 weeks while accompanied by a field training officer.
“This was a failure for one individual police officer. It had nothing to do with our policies. Policies did not allow that. Trainings did not teach that,” McManus said during a Tuesday press conference.
The Cantu family’s attorney Brian Power released a statement Wednesday sharing Erik's latest condition: "We have no comment to the former officers arrest at this time. Our main priority is Erik’s recovery. Erik is still on life-support and is non-responsive but his oxygen levels are showing an improvement. We are being patient and optimistic that better health is coming. Please continue to keep Erik in your thoughts and prayers."