Seventeen-year-old Erik Cantu was enjoying a McDonald’s cheeseburger in Texas when he was seriously wounded after being shot by a San Antonio police officer on the evening of Oct. 2.

The unarmed teenager was eating in his parked car in a McDonald’s parking lot. The officer, James Brennand, has since been arrested and charged with two felony counts of aggravated assault by a public official.

At press time, Cantu remained in the hospital in a “critical but stable condition,” San Antonio Police Chief William McManus said.

A lawyer for the family of Cantu said the teen is unconscious and on life support, and that there had been no improvement in his condition, the Associated Press reported.

According to police, Brennand was investigating an unrelated disturbance at the fast-food restaurant when he spotted a vehicle that he believed had fled from him during an attempted stop the night before. Believing the car was stolen, Brennand called for backup, The Washington Post reported. Brennand was a probationary officer who had been with the department for just seven months.

Body-camera footage released by police showed Brennand abruptly opening the driver’s door and ordering Cantu to get out of the car. A clearly startled Cantu reversed the car, with the door still open. The door struck Brennand, who then stepped back and opened fire. He continued to shoot as the car drove away, hitting Cantu multiple times. A female passenger was uninjured, according to police.

In the video footage, Brennand can be heard telling Cantu, “Get out of the car!”

“Why?” Cantu asked as his vehicle began to move backward. Brennand is seen firing his gun.

McManus said the rookie officer’s actions were “unjustified, both administratively and criminally.”

Cantu was charged with evading detention and assault on a police officer, mySA noted. On Oct. 7, Bexar County District Attorney Joe Gonzales said he is dropping charges against the teen “for now.” 

Brennand has been fired the the police are investigating the incident.

“The issue is going to be, if we ever get to trial, whether or not this officer felt like his life was in danger,” Bexar County criminal district attorney Joe Gonzales told The New York Times.

He later added: “What was disturbing to me is at the moment that the officer fired and then continued to fire, it didn’t appear to me that his life was in danger. But again, we don’t have all the facts. We’ll have to wait and see.”

Screenshot from San Antonio Police Department YouTube video, https://www.youtube.com/watch?v=GUr0vhSpj-0&t=23s