The prison case in opposition to former San Antonio police officer James Brennand has been dismissed simply days earlier than jury choice was set to start.
Brennand was charged with aggravated assault by a public servant within the October 2022 taking pictures of then-17-year-old Erik Cantu outdoors a North Facet McDonald’s.
The dismissal got here Monday after Decide Joel Perez denied prosecutors’ request to postpone the trial whereas they investigated new allegations involving Cantu, the state’s key witness.
Prosecutors advised the court docket they lately discovered Cantu is below investigation in an unrelated case involving an alleged terroristic risk reported on July 1. They argued the investigation might have an effect on Cantu’s credibility earlier than a jury if new proof emerged throughout trial.
After Perez denied the continuance, the Bexar County District Legal professional’s Workplace dismissed the cost in opposition to Brennand.
In a press release, District Legal professional Joe Gonzales stated prosecutors sought the delay to guage “the implications of this new growth and its potential affect on the present case in opposition to James Brennand.”
Courtroom information point out the cost could also be refiled as soon as investigators full their assessment of the allegations involving Cantu.
Brennand’s attorneys opposed delaying the trial, arguing their consumer had waited almost 4 years for his day in court docket and was asserting his proper to a speedy trial.
“This could have occurred a very long time in the past as a result of James is harmless,” protection legal professional Jason Goss stated after the dismissal.
Brennand was accused of taking pictures Cantu on Oct. 2, 2022, within the parking zone of a McDonald’s close to Blanco Street and West Avenue. Physique digicam video confirmed Brennand approaching Cantu’s car and ordering him to get out. As Cantu pulled out of the parking house, the driving force’s door struck Brennand, who then fired a number of photographs into the car, critically wounding {the teenager}.
The taking pictures drew nationwide consideration, and Brennand was fired by the San Antonio Police Division days later. He confronted as much as life in jail if convicted.
The newest investigation involving Cantu stems from allegations made by a lady who advised police he threatened her throughout an argument. No costs have been filed, and the case stays below investigation.
Cantu has had a number of arrests since recovering from the 2022 taking pictures. Most lately, he acquired deferred adjudication in a housebreaking of a habitation case after coming into a plea settlement.
This story first appeared at Texas Public Radio.
