Force Review - Episode 11
Welcome to episode 11 of The Force Review. I’ll be your host for the next few minutes. I’m an active patrol officer with 13 years of experience, and today, we’re analyzing an incident involving San Antonio police officer James Brennan.
Just having this tri fold could of saved this kid!
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VisitIncident Overview
Officer Brennan responded to a disturbance call at a McDonald’s when he noticed a red BMW in the parking lot. The vehicle had fled from him the previous day, prompting him to call for backup.
"3161, can you start me one more? I’ve got a vehicle over here that fled from me the other day."
Brennan had attempted to stop this vehicle the previous day because its license plate was registered to a different vehicle—a potential red flag for stolen cars. Under Texas law (Transportation Code 504.945), this is a misdemeanor offense and gives an officer reasonable suspicion to detain the occupants.
Tactical Approach: What Should Have Happened?
Given the circumstances, a high-risk vehicle stop would have been the safest approach. This means:
- Calling for multiple backup units
- Blocking the vehicle in
- Ordering occupants out at gunpoint, one at a time
Instead, Brennan chose to walk up to the car and open the door himself—an approach that bypassed necessary safety measures. Rookie officers, especially those with less than a year on the job, may hesitate to initiate high-risk stops due to inexperience or fear of criticism from senior officers.
Escalation and Use of Force
As Brennan opened the car door, the driver, Eric Cantu, panicked and tried to drive away. In the process, the door struck Brennan. This action—whether intentional or not—technically constituted assault on a police officer, a felony charge. However, for aggravated assault, there must be either:
- Serious bodily injury or
- Use of a deadly weapon
Since the car door hit Brennan at a slow speed and did not cause significant harm, this should have been classified as simple assault, not aggravated assault.
The Shooting
As Cantu backed away, Brennan fired five shots at him. This raises a critical question:
- Was Brennan in imminent danger?
There are only two plausible justifications for using deadly force in this scenario:
- Brennan believed Cantu was reaching for a gun.
- There was no evidence to suggest Cantu had a firearm or had made threats of violence. Officers can fire on a suspect reaching for their waistband only if there is prior evidence they are armed.
- Brennan believed Cantu was trying to run him over.
- While Cantu had hit Brennan with the door, he was now driving away, not toward him. This undermines any claim of an immediate threat.
The Bigger Picture
This incident is part of a broader issue regarding how policing policies are shaped around officer safety rather than public safety. The use of force should be justified based on immediate danger, not assumptions about what might happen. Proper training and adherence to protocol—such as conducting high-risk stops properly—could prevent unnecessary violence and escalation.
Know Your Rights
For civilians, situations like these highlight the importance of understanding your rights during a traffic stop:
✅ Keep your license, registration, and proof of insurance easily accessible.
✅ Record the encounter with your phone in a visible but non-threatening way.
✅ If asked questions beyond basic identification, invoke your Fifth Amendment right to remain silent.
✅ If asked to consent to a search, politely decline and revoke consent if necessary (exclusionary rule & fruit of the poisonous tree doctrine).
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