By
The Associated Press
A former San Antonio Police officer, in Texas, was indicted by a grand jury on two counts of aggravated assault for being a public official and one more count of attempted murder for shooting and wounding a 17-year-old boy who was eating a hamburger in a McDonald's parking lot, prosecutors said Thursday.
James Brennand, 28, who was still on probation when the incident occurred on October 2, went to the fast food joint on a call about a suspected disturbance.
Erik Cantu, 17, was eating a hamburger when the officer approached his car.San Antonio Police Department via NBC News
While inspecting the surroundings, she thought she identified a vehicle that had skipped a traffic control the day before and which she suspected was stolen.
Images captured by Brennand's personal camera, and released by police, show him rushing open the driver's door of the car, where 17-year-old Erik Cantu was eating a hamburger.
Startled, the young man made a sharp backward maneuver with the door open to flee the scene, at which point Brennand opened fire, shooting multiple times at the vehicle.
The man was fired by the San Antonio Police for malpractice.
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Bexar County Attorney Joe Gonzales said one of the aggravated assault charges is for shooting at Cantu and the other is for shooting in the direction of the person in the passenger seat.
The attempted murder charge is directly related to his action against the young man.
Aggravated assault by a public official is punishable by up to life in prison, while attempted murder is punishable by up to 20 years in prison, Gonzales said.
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“We know that most officials in this city care deeply about this community, but we can't have a safe city if the community doesn't trust the criminal justice system,” Gonzales stressed.
One of Brennand's lawyers, Nico LaHood, said Thursday that Brennand's side of the story has not been told so far, adding that there has been a "rush to judgment."
"We anticipate that more information will be released that will shed more light on this incident," LaHood said.
Cantu was released from the hospital last week, nearly two months after the shooting in which he was critically wounded and came to fight for his life.
In a statement after his departure, his parents said that he "still has a long road to recovery."
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The family's attorney, Ben Crump, revealed in a statement that the grand jury's decision to indict Brennand is "a relief" to the family.
"Erik and his family are grateful for the outpouring of support they have received, not only in the fight for Erik's survival, but also in our fight for full justice," the lawyer stressed.
Police, for their part, said at the time that Brennand's behavior violated their training and police procedures.