The Bexar County District Attorney's Office has dropped an attempted murder charge against the former San Antonio police officer under indictment for shooting 17-year-old Erik Cantu in a McDonald's parking lot in 2022, the Express-News reports.
Erik Cantu spent weeks in a San Antonio ICU on a ventilator after being shot multiple times by then-San Antonio police officer James Brennand.
Although deadly conduct is only a third-degree felony, it may be easier for the prosecutors to prove Brennand engaged in deadly conduct than demonstrate beyond a reasonable doubt that he intended to kill Cantu. Brennand tried to open the driver's side door, and Cantu drove off. The officer then fired multiple times, striking Cantu.
In a hearing scheduled for Thursday, State District Judge Joel Perez will decide whether to grant a request for a venue change for the trial, according to the. Brennand's attorneys argue negative media coverage of the shooting makes it impossible for their client to have a fair trial in Bexar County.
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