A judge signed an order giving attorneys access to San Antonio Police Department Internal Affairs files in the criminal case of former Officer James Brennand, who shot Erik Cantu.

State District Judge Joel Perez of the 437 District Court told attorneys during a pre-trial hearing on Monday for Brennand that he signed a protective order allowing certain files relevant to the case to be provided to the state and defense. 

A subpoena was filed by the state requesting officer records; however, the city of San Antonio filed a motion to quash, asking the judge to prevent them from being turned over. 

While a trial date has yet to be set, both sides said they did not have any more pre-trial motions.

Brennand, 31, was charged with aggravated assault by a public servant after he was accused of severely injuring Cantu by shooting him at a North Side McDonald’s in 2022.

On Oct. 2, 2002, Brennand, then a probationary officer, fired his weapon at 17-year-old Cantu as the teen and his girlfriend sat inside his vehicle at a North Side McDonald’s.

On the night of the shooting, Brennand told dispatchers that he thought he recognized Cantu’s BMW as a stolen vehicle whose driver had eluded him the night before. The car’s license plates did not match the vehicle, leading Brennand to believe the car was stolen. SAPD later confirmed the car was not stolen.

Brennand called for backup and approached the car with his gun drawn. Without identifying himself as a police officer, Brennand opened the driver’s-side door and told Cantu, “Get out of the car!”

Cantu drove in reverse for several feet, striking Brennand’s leg, police said at the time, though Cantu’s lawyers have disputed this.

The teen then sped toward the exit of the parking lot. Brennand fired at least 10 rounds at the car, four of which struck Cantu. He was then rushed to University Hospital, where he spent several weeks on a ventilator. His girlfriend was not injured.

Cantu suffered injuries to his stomach, diaphragm, lungs, liver and arm. Doctors removed three of the bullets. The fourth, near his heart, could not be removed safely, according to Cantu’s lawyers.

Afterward, police Chief William McManus fired Brennand and said his actions violated department tactics, training and procedures.