The Bexar County District Legal professional’s Workplace on Monday dismissed a first-degree felony assault cost towards James Brennand, who misplaced his job as a San Antonio police officer after he opened fireplace on an unarmed teenager in a McDonald’s car parking zone.
A grand jury indicted Brennand on an assault by a public servant cost in December 2022 after he discharged his firearm at 17-year-old Erik Cantu in a second captured on physique digital camera. The capturing made worldwide headlines.
Nonetheless, Brennand’s legal professionals argued throughout a Monday listening to that delays within the case infringed on their consumer’s proper to a speedy trial. Because the state requested for yet one more continuance to proceed an investigation associated to the case, lawyer Jason Goss argued that additional delaying trial would have violated Brennand’s Sixth Modification proper, KSAT studies.
After Goss’ argument, 437th District Courtroom Decide Joel Perez denied the prosecutor’s request for a continuance, prompting the DA’s Workplace to drop the case.
“Because of the choose’s ruling in denying the movement, we determined to dismiss the case as a result of pending investigation of Mr. Cantu’s newest allegations,” the workplace advised KSAT in an announcement.
Prosecutor Neil Cordero’s Monday continuance request stemmed from a brand new investigation into Cantu’s alleged habits, the TV station studies.
In accordance with paperwork obtained by KSAT, Cantu allegedly “made regarding feedback” that positioned a 20-year-old feminine automobile passenger “in concern” on July 1. Even so, the DA hasn’t formally filed any fees towards Cantu, and an investigation is ongoing.
“We consider the Courtroom ought to [delay] this case as a result of, on the time, the State of Texas could be significantly deprived in continuing to trial with this investigation pending over our named complainant,” Cordero argued, in keeping with KSAT.
Even so, Brennand’s attorneys argued that if the choose granted a continuance, they’d invoke Brennand’s proper to a speedy trial, prompting the DA’s Workplace to dismiss the case, the Specific-Information studies.
Though Brennand is now a free man, the DA’s Workplace mentioned in its assertion that it might refile the costs at a later date.
“Erik Cantu’s incapability to stop being investigated by the police mustn’t intrude with Brennand’s proper to a speedy trial and due course of,” Goss mentioned, in keeping with the every day. “Their complainant won’t cease committing crimes.”
Within the time between when Cantu was shot and Monday’s listening to, the now 21-year-old has picked up a laundry checklist of fees, together with a 2024 misdemeanor assault cost and a second-degree felony cost for alleged housebreaking in 2025. Earlier this 12 months, Cantu reportedly violated his probation, which was handed down for the housebreaking.
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The capturing of Erik Cantu, then 17, made worldwide headlines.
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