Bexar County DA dismisses case against San Antonio cop who shot unarmed teenager multiple times

Footage from former SAPD officer James Brennand’s body cam showed the moment the officer opened fire on unarmed teenager Erik Cantu. Credit: Screen Capture: YouTube / San Antonio Police Department

The Bexar County District Attorney’s Office on Monday dismissed a first-degree felony assault charge against James Brennand, who lost his job as a San Antonio police officer after he opened fire on an unarmed teenager in a McDonald’s parking lot.

A grand jury indicted Brennand on an assault by a public servant charge in December 2022 after he discharged his firearm at 17-year-old Erik Cantu in a moment captured on body camera. The shooting made international headlines.

However, Brennand’s lawyers argued during a Monday hearing that delays in the case infringed on their client’s right to a speedy trial. As the state asked for yet another continuance to continue an investigation related to the case, attorney Jason Goss argued that further delaying trial would have violated Brennand’s Sixth Amendment right, KSAT reports.

After Goss’ argument, 437th District Court Judge Joel Perez denied the prosecutor’s request for a continuance, prompting the DA’s Office to drop the case.

“As a result of the judge’s ruling in denying the motion, we decided to dismiss the case due to the pending investigation of Mr. Cantu’s latest allegations,” the office told KSAT in a statement.

Prosecutor Neil Cordero’s Monday continuance request stemmed from a new investigation into Cantu’s alleged behavior, the TV station reports.

According to documents obtained by KSAT, Cantu allegedly “made concerning comments” that placed a 20-year-old female car passenger “in fear” on July 1. Even so, the DA hasn’t formally filed any charges against Cantu, and an investigation is ongoing.

“We believe the Court should [delay] this case because, at the time, the State of Texas would be greatly disadvantaged in proceeding to trial with this investigation pending over our named complainant,” Cordero argued, according to KSAT.

Even so, Brennand’s attorneys argued that if the judge granted a continuance, they would invoke Brennand’s right to a speedy trial, prompting the DA’s Office to dismiss the case, the Express-News reports.

Although Brennand is now a free man, the DA’s Office said in its statement that it could refile the charges at a later date.

“Erik Cantu’s inability to quit being investigated by the police should not interfere with Brennand’s right to a speedy trial and due process,” Goss said, according to the daily. “Their complainant will not stop committing crimes.”

In the time between when Cantu was shot and Monday’s hearing, the now 21-year-old has picked up a laundry list of charges, including a 2024 misdemeanor assault charge and a second-degree felony charge for alleged burglary in 2025. Earlier this year, Cantu reportedly violated his probation, which was handed down for the burglary.

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Bexar County DA dismisses case against San Antonio cop who shot unarmed teenager multiple times

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