(CNN) — The Texas police officer who shot a 17-year-old man while he was eating in a McDonald’s parking lot last week has been named as the teenager remains in critical condition, Bexar County District Attorney Joe Gonzalez said in a statement.
San Antonio Police Officer James Brenand, described by the police department as a probationary officer with seven months of experience, was dismissed for misconduct the agency’s tactics, training and procedures, police said.
Brenand shot Eric Cantu, who was still reported to be in critical condition Saturday and “literally fighting for his life,” his defense attorney, Brian Powers, told CNN on behalf of the teenager’s family. Cantu was initially charged with evading apprehension in a vehicle and assaulting the officer, who claimed he was hit by the car door while the teenager was backing up.
“While the shooting of an unarmed teenager on Sunday by a then-San Antonio police officer remains under investigation, the facts and evidence we have received so far have led us to dismiss the charges against Eric Cantu pending further investigation,” the statement said. Gonzalez’s office.
“Once SAPD has completed its investigation into the actions of former Officer James Brenand and referred the case to our office, our Civil Rights Division will fully review the file. As we do with all officer-involved shootings that result in death or serious injury, we will present the case to a grand jury for review. Until that happens, we cannot comment further on this matter.
Powers told CNN that the Bexar County District Attorney’s Office notified him Friday that prosecutors would not be moving forward with charges against his client. A spokesman for the DA’s office directed CNN to the county’s online court records system, which shows both charges have been dismissed and the case is closed.
CNN contacted Brenand and the others San Antonio Police Officers Association for comment. Attempts to reach Brenand were unsuccessful Sunday.
Powers told CNN on Saturday that Cantu was “literally fighting for his life every minute of the day because of the tremendous trauma to his body.”
“We need all the blessings we can get at this time. We kindly ask for privacy after this update as this is a delicate time in our lives and we are focusing on one thing and that is getting him home,” he added.
The teenager has multiple gunshot wounds
Gonzalez held a press conference Friday to address public concerns about the investigative process.
“Let me be clear that I believe the vast majority of members of the San Antonio Police Department are doing an excellent job protecting our community and doing the right thing,” Gonzalez said during the conference call.
“We have other decisions to make in the future, which may include charging him with a crime,” he said.
The San Antonio Police Department said in a video statement that the officer was handling an unrelated disturbance call at McDonald’s Sunday night when he saw a car he believed had fled from police the day before and called for backup.
Before backup officers arrived, body camera video released by police shows the officer walking up to the driver’s side of the car, opening the door and ordering the driver to get out. The visibly startled teenager, who had been sitting in the driver’s seat eating, put the car in reverse and drove away.
Brenand then opened fire five times on the car, according to the video. As the driver moved the vehicle to move forward, body camera video showed the officer open fire five more times as the car sped away.
SAPD said the teenager was found a block away with multiple gunshot wounds. A passenger in the car was uninjured, police said.
SAPD said it is investigating the incident and will forward its findings to the Bexar County district attorney, who said in a statement that his office’s civil rights division will review the police shooting and charges against the teenager.
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