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A teen shot while eating McDonald’s by a police officer in training: The shocking case of Erik Cantu

As 17-year-old Erik Cantu remains in critical condition and the police officer who shot him faces charges, Andrea Blanco and Gino Spocchia trace how the case unfolded

Thursday 13 October 2022 23:06 BST
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(Family handout/San Antonio Police Department/Bexar County Sheriff’s Office/The Independent)

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Erik Cantu, 17, remains in critical condition after being shot by a San Antonio Police Department officer on 2 October.

The shooting happened while the teen was waiting inside his car in a McDonald’s parking lot. Now-former SAPD officer James Brennand had responded to the scene for a separate report but opened Erik’s car door without warning when he reportedly noticed it had a suspicious licence plate.

The startled teenager then reversed his vehicle and was struck when Mr Brennard, who had been on the force for seven months, opened fire. Erik left the scene but was stopped shortly later and taken to a hospital to treat his severe injuries.

Following the public outcry after the release of Mr Brennard’s bodycam footage, SAPD fired and arrested him for his involvement in the shooting several days after the incident. Mr Brennard has since been released on bail, court records show.

“Erik remains in critical condition, on life support, and the road ahead feels daunting,” Erik’s family wrote on a GoFundMe to cover his medical bills. “His injuries are severe, and although he is not yet out of the woods, we remain hopeful he moves in the direction of recovery.”

Here’s everything we know about the case:

The teen was eating McDonald’s inside his car

Mr Brennard allegedly noticed Mr Cantu in a vehicle he had seen the day before and which did not have a matching license plates, with bodycam footage showing the teenager eating a burger and a 17-year-old girl sitting in the passenger seat as Mr Brennand instructed the pair to get out of the car.

Erik was ordered to exit his vehicle in the McDonalds parking lot. He began to back up with the car door still open, which San Antonio Police Captain Alyssa Campos said hit the officer, who fired several times, striking the teenager.

TEXAS-POLICÍA-TIROTEO
TEXAS-POLICÍA-TIROTEO (AP)

The teen was taken to a hospital after he was stopped by officers at a separate location.

Erik was charged with evading detention

Erik had initially faced charges for evading detention in a vehicle and for assaulting a police officer, but the Bexar County criminal district attorney, Joe Gonzales, announced they had been dropped on Friday.

(GoFundMe)

Mr Gonzales said during a news conference that he was instead considering charges against former officer Mr Brennand, who was later charged.

“The issue is going to be, if we ever get to trial, whether or not this officer felt like his life was in danger,” Mr Gonzales said of the shooting.

Mr Brennard is fired and arrested days after the shooting

San Antonio police chief William McManus said on Tuesday that Mr Brennand was fired from his post several days after the 2 October shooting, which left the teen in critical condition. Mr Brennand is charged with two counts of aggravated assault by a public servant.

According to police, Mr Brennand was a newly trained officer still on probation when he shot Erik after attempting to gather information from witnesses in a parking lot about an unrelated disturbance.

Murder charges will be brought against him in the event that Erik dies. He posted bail and was released on Tuesday.

His next court hearing is scheduled for 23 October.

James Brennard
James Brennard (SAPD)

San Antonio Police Chief William McManus told WOAI that Mr Brennand should not have opened fire and said: “There is nothing I can say in defence of that officer’s actions that night .I think what happened, initially, there was some contact made, but that did not justify the shooting.”

Mr McManus, speaking about the officer’s bodycam video, also told the media: “The video was horrific. There is no question in anybody’s mind looking at that video that the shooting is not justified.”

However, the department largely defended its training during the press conference.

Video showed the altercation take place on 2 October
Video showed the altercation take place on 2 October (AP)

Erik remains in critical condition

In the wake of the shooting, police said that Erik was hospitalised in stable condition, a statement that was denied by his family.

“He is still unconscious and is on life support. The last two days have been difficult and we expect more difficulty ahead, but we remain hopeful,” according to the statement issued to The Associated Press through the family lawyer, Brian Powers.

“We’d like to correct any misrepresentations that Erik is in ‘stable condition’ or he is ‘going to be fine.’ That is not true. Every breath is a struggle for Erik. We ask for everyone’s continued prayers for our son.”

The family has also created a GoFundMe to cover some of the piling medical bills.

“Erik is a son, brother, nephew, cousin, grandson and friend who’s brought much joy and laughter to our lives. We pray for these opportunities to be with us once again,” the page’s description read.

(GoFundMe)

Continuing investigation

Police have not said if the vehicle driven by the victim was stolen or was in fact using a different license plate.

The district attorney’s office is now investigating the case.

The Independent has reached out to the San Antonio Police Officers’ Association for comment.

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