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Erik Cantu's girlfriend who was in car with him when he was shot by San Antonio cop lawyers up

The girlfriend of unarmed Erik Cantu, who was with him when he was shot by a San Antonio cop in a McDonald's parking lot, has lawyered up after suffering 'extreme mental trauma' - while the officer has been indicted on attempted murder and assault charges. 

Emily Proulx, 18, was in the car with Cantu, 17, on October 2 when James Brennand, 28, opened the car door and a few seconds later, fired five shots inside and five more after the car began to drive away. 

Cantu, was left with serious injuries and although he last week returned home from hospital, he has a long road to recovery. His girlfriend, who was unharmed, has suffered 'extreme mental trauma' and has retained civil rights and personal injury attorney Ben Crump, co-counsel Bob Hilliard, and co-counsel Paul Grinke. 

In a statement, Crump said: 'Emily, while physically unharmed, has suffered the extreme mental trauma of being at her boyfriend's side when the car they were in was showered with bullets by former officer James Brennand. 

'This young couple was simply trying to enjoy a meal in their car when the unthinkable happened. Emily remains at Erik's side, supporting him through his recovery, all while dealing with the ongoing anguish of being a teenager that lived through an active shooting by a police officer.'

James Brennand, 28, shot Erik Cantu, 17, pictured, on October 2, leaving him with serious injuries and although he last week returned home from hospital, he has a long road to recovery

James Brennand, 28, shot Erik Cantu, 17, pictured, on October 2, leaving him with serious injuries and although he last week returned home from hospital, he has a long road to recovery

Brennand was fired and charged with two counts of aggravated assault. The 28-year-old was indicted on two counts of aggravated assault by a public servant and one count of attempted murder. Pictured: Cantu

Brennand was fired and charged with two counts of aggravated assault. The 28-year-old was indicted on two counts of aggravated assault by a public servant and one count of attempted murder. Pictured: Cantu

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Share The aggravated assault charges are for shooting Cantu and opening fire in the direction of his female passenger. Bexar County District Attorney Joe Gonzales said the attempted murder charge is for the shooting of Cantu. Pictured: Brennand

The aggravated assault charges are for shooting Cantu and opening fire in the direction of his female passenger. Bexar County District Attorney Joe Gonzales said the attempted murder charge is for the shooting of Cantu. Pictured: Brennand 

Brennand was indicted on two counts of aggravated assault by a public servant and one count of attempted murder.

The aggravated assault charges are for shooting Cantu and opening fire in the direction of his female passenger. Bexar County District Attorney Joe Gonzales said the attempted murder charge is for the shooting of Cantu. 

Police released body worn camera footage of the incident, in which Brennand opens the car door and tells Cantu to get out. 

The car then drives backward with the door open and the officer fires multiple times into the vehicle. He continues to shoot as the car drives away.

Officers said that Brennand had been responding to an unrelated disturbance at the McDonald's when he saw Cantu in a car he believed had evaded him the day before during an attempted traffic stop. 

They said that Brennand had violated his training and police procedures after approaching the car, which they said he had believed to have been stolen.

Police said that although the car's registration plates did not match the vehicle, it was not stolen.

Police released body worn camera footage of the incident, in which Brennand opens the car door and tells Cantu, pictured, to get out. The car then drives backward with the door open and the officer fires multiple times into the vehicle

Police released body worn camera footage of the incident, in which Brennand opens the car door and tells Cantu, pictured, to get out. The car then drives backward with the door open and the officer fires multiple times into the vehicle

Joe Gonzales said Brennand could face a sentence as high as life in prison for aggravated assault by a public servant. And the charge of attempted murder could see him spend up to 20 years in prison.   

He added: 'We know that most officers in this city care deeply about this community, but we cannot have a safe city if the community does not have trust in the criminal justice system.'

Meanwhile, one of Brennand's attorneys, Nico LaHood, yesterday said that his story 'has not been told' and there has been an 'initial rush to judgement attitude.'  

He said: 'We anticipate more information will be revealed that will further shed light on this incident.  

Gonzales said Brennand could face a sentence as high as life in prison for aggravated assault by a public servant. And the charge of attempted murder could see him spend up to 20 years in prison. Pictured: Cantu in hospital

 Gonzales said Brennand could face a sentence as high as life in prison for aggravated assault by a public servant. And the charge of attempted murder could see him spend up to 20 years in prison. Pictured: Cantu in hospital

Elsewhere, in a statement posted on Twitter by Cantu's attorney Ben Crump, his family said:  'Erik and his family are grateful for the outpouring of support they have received, not only in Erik's fight for survival, but also in our fight for full justice. Today, we are one step closer.'

It comes after Cantu was last week released from hospital, nearly two months after the shooting.

In another statement posted on Twitter by Crump after he came out of hospital, his parents said 'he still has a long road to recovery.' 

'Our family's prayers have been answered, and we are incredibly grateful that our son Erik is home with us,' the family said in a statement posted on Twitter by their attorney Ben Crump.  

They added: 'It means the world to us that we can spend Thanksgiving as a family outside of the hospital walls, where we have lived since Erik was horribly injured.

'We are thankful for many blessings this week – Erik's strength, everyone who has supported us through Erik's hospitalization, and the grace of God. Thank you.'

Earlier this month the family said he was awake and interacting with people after coming off a ventilator, the San Antonio Express-News reported. Pictured: Eric Cantu's family in front of the County Courthouse on October 25 attending a press conference

 Earlier this month the family said he was awake and interacting with people after coming off a ventilator, the San Antonio Express-News reported. Pictured: Eric Cantu's family in front of the County Courthouse on October 25 attending a press conference 

A GoFundMe account set up for Cantu had last week raised $47,000 so far. And his uncle Ruben Carranco previously posted a message that said the teenager 'remains in critical condition, on life support' in University Hospital, San Antonio, describing his injuries as 'severe'. 

He said the funds raised will be used towards Cantu's medical bills and to help his parents provide care. 

Earlier this month the family said he was awake and interacting with people after coming off a ventilator, the San Antonio Express-News reported.

A GoFundMe post from Cantu's family last week said:  'He is HOME! We took FAITH in the Lord and leaned on all your prayers to see this day!

'We didn't know what the future held weeks back. 

'Today we know with faith, prayers, family, love, amazing doctors and nursing staff along with tons of future rehabilitation, that our miracle stands a chance!!

'This is Erik's miracle!'

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Update: 2024-03-31