BEXAR COUNTY, Texas — A former police officer’s felony assault case has been dismissed after the complainant came under criminal investigation, KSAT reported.
Former San Antonio Police Department officer James Brennand was charged with aggravated assault by a public servant in the 2022 shooting of Erik Cantu.
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During the incident, Brennand saw Cantu’s vehicle in a McDonald’s parking lot and believed it matched a vehicle that had evaded him the night before. A discrepancy with the vehicle’s plates also led him to believe it was stolen.
He opened the driver’s side door and instructed Cantu to get out, without identifying himself as an officer, San Antonio Express-News reported. According to police reports, Cantu then reversed, striking Brennand in the leg. Cantu’s lawyers have disputed that account.
Brennand then fired 10shots at Cantu, striking him four times. He was fired days after the incident.
At the time of the shooting, Brennand had served as an officer for seven months, according to San Antonio Express-News.
In Bexar County’s 437th Criminal District Court on July 13, prosecutors appealed for a delay in Brennand’s trial after Cantu came under a new criminal investigation, KSAT reported.
Cantu had been convicted in a 2025 burglary case and was sentenced to deferred adjudication on June 8. He was not required in that sentence to serve any further jail time.
However, a separate July 1 criminal complaint allegedly revealed that Cantu violated the terms of his probation for the June 8 sentence. Cantu has not yet been charged in that incident, which remains under investigation, according to documents obtained by KSAT.
Prosecutors in Brennand’s case requested a delay following the investigation into Cantu, who would have been the key witness in their case against Brennand.
“We believe the Court should continue (delay) this case because, at this time, the State of Texas would be greatly disadvantaged in proceeding to trial with this investigation pending over our named complainant,” Prosecutor Neil Cordero said.
Defense attorneys, however, successfully argued that Brennand’s right to a speedy trial would be ignored if the state’s request was granted. The judge denied the prosecution’s request to delay, and the prosecution dismissed the case.
“The state doesn’t have the same due process rights as the defendant (Brennand), especially when their complainant (Cantu) continually and will not stop committing new offenses, new crimes or alleged new offenses or new crimes,” said Brennard’s co-defense attorney Jason Goss.
The Bexar County District Attorney’s Office said prosecutors requested the delay to assess how the investigation into Cantu could affect the case against Brennand. After the judge denied the request, prosecutors dismissed the case but said it could be refiled once the investigation is complete, according to KSAT.
