Judge denies state’s motion of recusal in Erik Cantu evading arrest cases

Cantu will be back in court in July

SAN ANTONIO – A judge on Monday denied a request from the Bexar County District Attorney’s Office to recuse itself from a pair of cases involving Erik Cantu.

The DA’s Office wanted to recuse itself from prosecuting Cantu in two evading arrest cases because he’s a victim in another high-profile case the DA’s Office is prosecuting.

Cantu was shot outside a McDonald’s restaurant in October 2022 by former SAPD Officer James Brennand.

The case brought national attention and Cantu spent weeks in the hospital recovering from serious injuries.

In September 2023, Cantu was arrested for evading SAPD Bicycle Patrol downtown. Three months later, he was arrested again for evading Universal City Police.

187th District Court Judge Stephanie Boyd said the DA’s Office must move forward and prosecute Cantu.

“There are many cases that the state of Texas has here in Bexar County where you have someone who is a complainant on the case and also someone who has another case where they’re a defendant,” Boyd said in the hearing Monday. “It happens many times on the family violence cases. So the court does not see grounds for the recusal in the motion.”

Boyd told the state they could get a reversal in her decision if they found an attorney willing to take the case, but the DA’s Office hasn’t had much luck.

“I believe our office did reach out to several different surrounding counties, in fact all of the surrounding counties, and they were unable to accept these cases at this time,” prosecutor Jason Garrahan said.

The evading arrest cases against Cantu will be back in court next month for a discovery hearing, which will determine where the state is at in giving the defense all evidence.

Brennand, who is charged with aggravated assault by a public servant and deadly conduct, is expected to go to trial in November.

About the Authors

Erica Hernandez is an Emmy award-winning journalist with 15 years of experience in the broadcast news business. Erica has covered a wide array of stories all over Central and South Texas. She's currently the court reporter and cohost of the podcast Texas Crime Stories.

Misael started at KSAT-TV as a photojournalist in 1987.

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