The Bexar County District Attorney’s Office on Monday dismissed the criminal case against former San Antonio police officer James Brennand — just one hour after a judge denied prosecutors’ request to postpone his trial.
The dismissal comes nearly four years after Brennand shot then-17-year-old Erik Cantu during a traffic stop outside a North Side McDonald’s in October 2022. The shooting drew national attention and led to Brennand’s firing from the San Antonio Police Department.
Brennand had been charged with aggravated assault by a public servant and was scheduled to stand trial next week.
During a hearing Monday morning, prosecutors asked the court to reset the trial, citing a new investigation involving Cantu.
According to prosecutors, Cantu — who has been arrested six times since the 2022 shooting — is under investigation in connection with an incident involving his current girlfriend that allegedly occurred July 1.
In a statement, the DA’s office said the charge was dismissed due to the ongoing investigation into Cantu.
“We can confirm that the case can be re-filed at a later date following the completion of the investigation,” a Bexar County DA’s Office spokesperson told KSAT.
Brennand says he always believed he would be cleared
Speaking publicly after the dismissal, Brennand said he feels relief after nearly four years of fighting the charge.
“A lot of emotions coming in. I knew I was innocent from the first day,” Brennand said. “The fact that it took so long is kind of surprising, but I’m blessed to have it.”
Watch KSAT’s full interview with Brennand in the video below.
Brennand credited his faith and legal team for helping him through the case.
“I stayed true to my faith. I trust in God I trust the attorneys, the paralegals, the experts and everybody that has been backing me,” Brennand said.
When asked whether he wants to return to the San Antonio Police Department, Brennand said he hasn’t decided.
Brennand’s attorneys said they were prepared to raise questions during the trial about communications between the Bexar County District Attorney’s Office and the Wren Collective, a criminal justice reform organization based out of Austin.
The defense had subpoenaed Bexar County District Attorney Joe Gonzales, his former first assistant and representatives of the Wren Collective to testify.
Co-defense attorney Nico LaHood alleged the communications would have been relevant to the prosecution’s decision-making process and would have been significant if presented during trial.
“The DA’s office was taking instructions from an Austin group called the Wren Collective on what to do in this case,” LaHood said.
LaHood, along with co-counsel Jason Goss, also argued that any future attempt to refile the case would violate Brennand’s constitutional right to a speedy trial because Brennand asserted that right before the charge was dismissed.
Whether prosecutors choose to pursue the Brennand case again — and whether any charges are filed against Cantu in the separate investigation — remain open questions.
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