Courtesy Photo / Cantu Family
Erik Cantu spent weeks in a San Antonio ICU on a ventilator after being shot multiple times by then-San Antonio police officer James Brennand.
Initially, former officer James Brennand faced three charges, including two counts of aggravated assault by a public servant — both first-degree felonies — and one count of attempted murder. However, a grand jury last week removed the attempted murder charge, replacing it with a lesser charge of deadly conduct, the daily reports.
Although deadly conduct is only a third-degree felony, it may be easier for the prosecutors to prove Brennand engaged in deadly conduct than demonstrate beyond a reasonable doubt that he intended to kill Cantu.
Under the Texas Penal Code, Brennand could face five years to life in prison if convicted of the revised charges.
In an Oct. 2, 2022, incident that drew national outrage, Brennand approached Cantu while the youth was ate a hamburger while parked in a maroon BMW outside a McDonald's. Brennand — a probationary officer with seven months on the job — told authorities he believed the vehicle was stolen.
Brennand tried to open the driver's side door, and Cantu drove off. The officer then fired multiple times, striking Cantu.
Although Cantu survived, he spent weeks in a San Antonio ICU on a ventilator.
SAPD Chief William McManus fired Brennand following the shooting, saying the officer's actions violated department policy. Brennand was arrested and charged on Oct. 11, 2022.
In a hearing scheduled for Thursday, State District Judge Joel Perez will decide whether to grant a request for a venue change for the trial, according to the Express-News. Brennand's attorneys argue negative media coverage of the shooting makes it impossible for their client to have a fair trial in Bexar County.
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