A former rookie San Antonio police officer who shot a teenager as he was eating inside of a car in a McDonald's parking lot has been arrested on assault charges, police said.
James Brennand turned himself in on Tuesday and had been taken into custody on two counts of aggravated assault by public servant, San Antonio Police Chief William McManus said during a press conference on Oct. 11.
"Starting off with the shooting itself, it was unjustified, both administratively and criminally," McManus said.
The victim, 17-year-old Erik Cantu, remained unconscious and on life support after he was shot several times, Brian Powers, an attorney for his family, said in a statement to NBC News on Tuesday.
"If he does not make it, the charges will change," McManus said of Cantu's condition.
Brennand, who was a police officer at the time of the shooting, was responding to an unrelated disturbance call at the McDonald's around 10:45 p.m. on Oct 2.
Police said Brennand noticed a vehicle in the parking lot that had evaded him the day before as he attempted a traffic stop over a registration that did not match the actual vehicle.
Brennand called for backup, but before additional officers arrived, he abruptly opened the Cantu's door, and ordered him to get out of the vehicle, police said.
According to body camera footage of the incident, Cantu put the car into reverse with the door still open, and Brennand opened fire into the vehicle. He continued to shoot as Cantu drove away.
Brennand faces two counts of aggravated assault because two people were in the vehicle at the time of the shooting, McManus said. A 17-year-old girl in the passenger seat was uninjured, NBC News reported.
San Antonio Police fired Brennand two days after the shooting. Brennand, who had been on the force for seven months, was still on a probationary period, police have said.
McManus said police issued a warrant for Brennand, but that the case has not been sent to the district attorney’s office. The Bexar County District Attorney’s Office did not immediately respond to a request for comment from NBC News.
It was unclear if Brennand had an attorney who could comment on his behalf.
