BEXAR COUNTY, Texas – A whirlwind morning inside Bexar County’s 437th Criminal District Court concluded with the dismissal of the felony case against former SAPD officer James Brennand.
According to Bexar County court records, Brennand’s aggravated assault by a public servant charge, which was considered a first-degree felony, was dismissed due to “further investigation.”
Monday morning’s court proceedings
Approximately 90 minutes before the dismissal, prosecutors’ motion to delay Brennand’s trial was denied.
The denial, which was made by Judge Joel Perez, initially meant that the trial of Brennand, 31, was on track to begin with jury selection next Monday.
Erik Cantu was sentenced on June 8 to two years of deferred adjudication on a 2025 burglary of a habitation charge when he was accused of breaking into the home of his child’s mother. Cantu was indicted on the charge one week before he was sentenced.
At the time, the June 8 sentencing meant he would not serve any additional time behind bars.
Prosecutor Neil Cordero told the court Monday that their reason for the delay stemmed from new information involving a new criminal investigation into Cantu.
According to an SAPD report obtained by KSAT, a 20-year-old woman told officers she was in a car with Cantu on July 1 in the 1000 block of Locke Street when he allegedly “made concerning comments that placed her in fear.”
The woman said Cantu, who was driving the vehicle, then stopped the vehicle and “demanded” she get out of the car, the report said.
While SAPD said its investigation into the case is ongoing, one of Cantu’s probation orders handed down at his June 8 sentencing was that he was not allowed to drive for two years.
Cordero said the terroristic threat accusation, which is considered a Class A misdemeanor, is “still in the investigation phase” and the charge has not been filed with the Bexar County District Attorney’s Office.
“We believe the Court should continue (delay) this case because, at this time, the State of Texas would be greatly disadvantaged in proceeding to trial with this investigation pending over our named complainant,” Cordero said.
Jason Goss, a co-defense attorney for Brennand, successfully argued to Perez that his client’s right to a speedy trial would be ignored if the state’s request was granted.
“The state doesn’t have the same due process rights as the defendant (Brennand), especially when their complainant (Cantu) continually and will not stop committing new offenses, new crimes or alleged new offenses or new crimes.”
After the dismissal, KSAT reached out to the Bexar County District Attorney’s Office for comment on Monday’s development.
“The purpose of the motion was to allow us time to properly investigate and assess the implications of this new development and its potential impact on the current case against James Brennand,” a Bexar County District Attorney’s Office spokesperson told KSAT in a statement. “As a result of the judge’s ruling in denying the motion, we decided to dismiss the case due to the pending investigation of Mr. Cantu’s latest allegations.”
While the DA’s office declined additional details on Brennand’s dismissal, the spokesperson said the case can be refiled at a later date after the “completion” of the Cantu “investigation.”
Background
In October 2022, police records show that Brennand, who was 27 at the time of the shooting, fired multiple shots at a BMW driven by Cantu, who was 17.
Brennand, who was fired from SAPD three days after the shooting, was captured on body camera footage opening the door of Cantu’s vehicle and shooting at him as Cantu attempted to drive away.
The shooting drew national attention. Cantu suffered serious injuries and spent months recovering.
Brennand’s trial was expected to last two-and-a-half weeks.
If he was convicted, Brennand could have faced up to life in prison.
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