In this image taken Oct. 2, 2022, from a police body camera video and released by the San Antonio Police Department, Erik Cantu looks toward San Antonio police officer James Brennand while holding a hamburger as the officer opens the car door in San Antonio.
San Antonio Express-News
Jacob Beltran, Staff writer
A year ago, Erik Cantu went from eating a hamburger in a North Side parking lot to fighting for his life seconds later when a San Antonio police officer shot him.
Cantu has since recovered and is even facing unrelated theft charges as the case against the former officer who shot him slowly moves through the criminal justice system.
On Oct. 2, 2022, Cantu was 17 when he and a passenger sat in a maroon BMW at a McDonald’s in the 11700 block of Blanco Road.
Former officer James Brennand spotted the BMW and radioed into headquarters that he recognized it as a stolen vehicle that previously eluded him. Police later confirmed the vehicle was not stolen, but the plates did not match the car.
Brennand approached the car with a gun drawn and opened the driver-side door. A stunned Cantu looked at Brennand, who yelled, “Get out of the car!” before physically attempting to remove him.
He did not identify himself as a police officer.
Cantu reversed the car several feet, hitting Brennand’s leg with the open car door. The teen then sped forward, away from the officer and toward the parking lot exit. Brennand fired at least 10 shots at the car as it sped off.
An investigator noted in an affidavit supporting Brennand’s arrest that he was “clearly not in danger of death or serious bodily injury.”
First responders found Cantu nearby with multiple gunshot wounds and rushed him to University Hospital. He was put on a ventilator for several weeks.
He was released in late November to continue his recovery at home, with a brief return in December to treat complications from his injuries.
Brennand was a probationary officer, which means he was in his first year with the department after graduating from the police academy. He was seven months into the job when the incident occurred.
Probationary officers may also be disciplined or discharged without written notice or cause at the discretion of the chief within those first 12 months, protocol states.
Days after the shooting, Chief William McManus announced that Brennand had been fired and that his department had opened a criminal investigation into the shooting.
Brennand has since been indicted on two counts of aggravated assault by a public servant and one count of attempted murder. A trial date has not been set.
Cantu’s passenger and girlfriend, Emily Proulx, 18, was sitting beside Cantu when he was critically wounded in the shooting. Both Cantu and Proulx have hired prominent civil rights attorney Ben Crump, as well as Texas lawyers Bob Hilliard and Paul Grinke.
But both Cantu and Proulx are dealing with misdemeanor charges themselves.
On June 28, Cantu and Proulx were arrested on a charge of theft between $100 and $750. They were found with stolen items from the automotive section, including a car charger and an air freshener, after police were sent to a Walmart Supercenter in the 8500 block of Jones Maltsberger Road.
They were released the next day after posting an $800 bond.