James Brennand, the ex-San Antonio police officer who shot teenager Erik Cantu outside a McDonald's in 2022, is no longer charged with attempted murder, according to court documents. A new indictment issued by a Bexar County grand jury last week has replaced the attempted murder charge with a less severe charge of deadly conduct-firearm, KSAT Investigates reports.
While Brennand was initially indicted in December 2022 on two counts of aggravated assault by a public servant and, one count of attempted murder, the reindictment reflects a shift to charges that offer a broader interpretation of the law. The deadly conduct charge allows for a potential conviction even if the evidence does not rise to an aggravated assault conviction. This legal maneuver hinges on proving reckless behavior rather than an intent to kill, as detailed by The San Antonio Express-News.
Brennand's case has seen numerous developments, with the District Attorney's office being ordered to produce communication records with the Wren Collective, a criminal justice reform group linked to the case. The communications have been pegged to play a significant role in a hearing designed to determine if Brennand's trial should be moved due to concerns about finding an impartial jury in Bexar County.
Cantu, the shooting victim, survived the incident although he spent weeks on a ventilator, and the charges against him for evading arrest and assaulting an officer were later dropped. The change in charges for Brennand comes amid a volley of controversies, including accusations of the DA's office receiving messaging and talking points from the Wren Collective, as per KSAT. Yet, despite the pressure and ongoing coverage, DA Joe Gonzales has kept his silence, repeatedly declining to comment on the case's development.
If convicted of the remaining charges, Brennand faces a sentence ranging from five years to life in prison.
