www.reddit.com/r/The_Anvil/s/vtpeJUT1Js
Grand jury drops attempted murder charge against ex-San Antonio PD officer who shot Erik Cantu
NewsProvably not since he was fired. TCOLE, the state licensing board, will give the guy a dishonorable discharge on his record so he's unhireable. What you're talking about happens when a cop is given the option of resigning or be fired. When that happens, his record is clear and he can get another job.
He's not off the hook
"Initially, former officer James Brennand faced three charges, including two counts of aggravated assault by a public servant — both first-degree felonies — and one count of attempted murder. However, a grand jury last week removed the attempted murder charge, replacing it with a lesser charge of deadly conduct, the daily reports."
Thanks for actually providing the truth.
The headline of this reddit post reads as "grand jury lets cop go scott free". Which is absolutely not what's happening.
And this is normal - prosecutors will present the highest charges they're willing to try to prove in court to a grand jury, and the grand jury, if they doubt the prosecution's case to prove the higher charges, can lessen them to charges easier to prove in the name of justice. The prosecution never should've gone for attempted murder here.
Why on earth did they try for attempted murder? For that charge to stick the prosecution would have to prove to the jury that the officer set out to intentionally kill this kid. Yeah it's a big charge that maybe would have brought a bunch of satisfaction, but there's no way they could have stuck it and they could have maybe gotten a lesser charge across.
Why on earth did they try for attempted murder?
Because they knew this would be the outcome. This way they could look like they were doing their job without actually doing their job.
I was wrong, I mixed up the legal systems from Texas and another state.
There is absolutely an attempted murder charge I'm Texas. Source: I'm a retired cop from Texas.
Please post the section in the penal code then.
Every charge in Texas can be changed to “attempted”. It’s charged as one category lower.
Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. (b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt. (c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed. (d) An offense under this section is one category lower than the offense attempted, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor.
As Wkk318 posted below, it's 15.01. It's under preparatory offense. It covers Criminal Attempt, Criminal Conspiracy and Criminal Solicitation. You take the pertinent definition, Criminal Attempt for example, and apply it to to the definition of the crime, say murder, and that's your charge.
You aren't always able to have an attempt charge, though. Some offenses are written in such a way that attempt doesn't work. It does apply to charges like Murder and Capitol Murder, though.
take it up with the article bud
If this was a civilian case which it is now; the simple question would be who told you to shoot? Brennand opened the car door (4th amendment violation illegal search and seizure without warrant) then claims it hit him. This is a weak argument to open fire and use deadly force. Also there is a over-kill element aka excessive use of lethal force. He is not there to make Swiss cheese or hamburger meat for McDonald's. Few more cases pending and civil ones from the plaintiffs.
At least it says ex-police officer, but pretty sure he found a new police job a few towns over. But yeah, shooting into a vehicle in a McDonalds parking lot was still bull shit.