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The criminal case against former San Antonio police officer James Brennand has been dismissed just days before jury selection was set to begin.
Brennand was charged with aggravated assault by a public servant in the October 2022 shooting of then-17-year-old Erik Cantu outside a North Side McDonald's.
The dismissal came Monday after Judge Joel Perez denied prosecutors' request to postpone the trial while they investigated new allegations involving Cantu, the state's key witness.
Prosecutors told the court they recently learned Cantu is under investigation in an unrelated case involving an alleged terroristic threat reported on July 1. They argued the investigation could affect Cantu's credibility before a jury if new evidence emerged during trial.
After Perez denied the continuance, the Bexar County District Attorney's Office dismissed the charge against Brennand.
In a statement, District Attorney Joe Gonzales said prosecutors sought the delay to evaluate "the implications of this new development and its potential impact on the current case against James Brennand."
Court records indicate the charge may be refiled once investigators complete their review of the allegations involving Cantu.
Brennand's attorneys opposed delaying the trial, arguing their client had waited nearly four years for his day in court and was asserting his right to a speedy trial.
"This should have happened a long time ago because James is innocent," defense attorney Jason Goss said after the dismissal.
Brennand was accused of shooting Cantu on Oct. 2, 2022, in the parking lot of a McDonald's near Blanco Road and West Avenue. Body camera video showed Brennand approaching Cantu's vehicle and ordering him to get out. As Cantu pulled out of the parking space, the driver's door struck Brennand, who then fired multiple shots into the vehicle, critically wounding the teenager.
The shooting drew national attention, and Brennand was fired by the San Antonio Police Department days later. He faced up to life in prison if convicted.
The latest investigation involving Cantu stems from allegations made by a woman who told police he threatened her during an argument. No charges have been filed, and the case remains under investigation.
Cantu has had several arrests since recovering from the 2022 shooting. Most recently, he received deferred adjudication in a burglary of a habitation case after entering a plea agreement.
