SAN ANTONIO – The now-former San Antonio police officer who shot a young man eating a hamburger in a McDonald’s parking lot in San Antonio has turned himself in to authorities.

James Brennand faces two counts of aggravated assault, according to San Antonio Police.

Charges against Brennand could escalate to murder if 17-year-old Erik Cantú does not survive.

Brennand’s bail was set at $200,000, which he has already posted, according to court documents, which also show he was released Wednesday morning. Her court hearing has been set for November 23.

James Brennand, 25, was charged with the shooting he starred in on October 2 where he shot 17-year-old Erik Cantu, according to San Antonio Police.

The victim’s family said in a statement Tuesday that “there is no improvement in the condition” of the young man. They reported that Cantú is still unconscious and connected to machines that are keeping him alive.

Brennand, a rookie with the San Antonio Police, reported the day of the incident a vehicle containing Cantú as the same one that a day earlier had evaded him during a traffic stop. Brennand said that Cantú had stolen the vehicle.

In footage captured by the officer’s body camera, Brennand opens the door and tells Cantú to get out of the vehicle. The vehicle backs up with the door open, and the officer fires several times. Brennand continues to fire as the vehicle drives away.

Investigators quickly determined that the use of deadly force was not necessary and Brennand was fired and the charges against Cantu for aggravated assault and evading arrest were dropped.

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