San Francisco DA Pressed After Video of Deadly Walgreens Shooting

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San Francisco District Attorney Brooke Jenkins faces backlash after announcing her office would not be pursuing charges against a security guard who fatally shot a suspected shoplifter outside of a Walgreens last month.

Banko Brown, 24, was attempting to leave a Walgreens in Union Square, San Francisco, on April 27 when he was stopped by 33-year-old Michael Earl-Wayne Anthony, a security guard for the pharmacy who accused Brown of attempting to steal merchandise. The interaction quickly escalated into a physical struggle between the two men, ending with Anthony shooting Brown in the chest. Brown later died from his gunshot wound.

San Francisco District Attorney Brooke Jenkins speaks at a press conference at on April 13, 2023, in San Francisco, California. Jenkins faces pressure after announcing on Monday that her office would not be pursuing charges against a Walgreens security guard who fatally shot a suspected shoplifter.
Justin Sullivan/Getty Images

Video footage of the deadly altercation was released by Jenkins’ office on Monday. In the clip, Anthony is seen stepping in front of Brown as he tries to leave the store, but Brown pushes against Anthony, starting a tussle.

After several seconds of attempting to restrain Brown, Anthony eventually pins him to the floor. A report from Jenkins’ office said that Anthony told Brown he would “let go” if Brown “calmed down.” Brown then grabs his belongings and heads for the door, walking backward out of the Walgreens while facing Anthony. Brown then takes a small step toward the security guard while he continues to move out the door, which prompts Anthony to draw his firearm and shoot the suspect once in the chest.

Jenkins announced alongside the release of the video that her office would not be pursuing charges against Anthony, saying in a statement that there was not enough evidence to rebuff Anthony’s statements that he was acting in self-defense. Anthony told police that Brown had repeatedly threatened to “stab” him, but officers did not find a weapon in the suspect’s possession.

“Banko Brown’s death has deeply impacted me and our city,” Jenkins said in her statement. “I join his friends, family, and community in grieving him & searching for ways to address the systemic issues that led us to where we are today, with one young Black man dead & another potentially looking at life in prison.”

The district attorney’s decision was immediately met with pushback from the San Francisco Board of Supervisors, including board President Aaron Peskin, who said in a statement to The San Francisco Standard that he was “personally asking both California’s Attorney General and the U.S. Department of Justice (DOJ) to review evidence in this case.”

“This is not who we are. Stealing a bag of candy does not warrant the death penalty,” Peskin said, according to the Standard. “I understand people are afraid of crime, a fear being stoked by too many politicians and their political allies. But this is not a choice between justice and safety—we can have both.”

The report from Jenkins’ office said that San Francisco police found Walgreens merchandise and “various personal items” in the bag that was seen with Brown in the video.

Peskin said in his statement that he plans to introduce legislation on Tuesday asking the rest of the board to join in his calls for California Attorney General Rob Bonta and the DOJ to review Brown’s death. Supervisors Shamann Walton, Hillary Ronen and Connie Chan all said they would support such measures, reported the Standard.

“I 100% feel that this shooting was unjust,” Walton told the outlet, calling Brown’s death an “execution.”

Newsweek has reached out via email to the offices of Peskin and Bonta for comment.

Supervisor Matt Dorsey, whose district includes the Walgreens where the shooting occurred, wrote in a thread on Twitter Monday that he appreciates Jenkins’ “willingness to be as transparent as possible” in her investigation. The Board of Supervisors filed a resolution last week asking Jenkins to release any evidence collected by police in the investigation of Brown’s death.

Dorsey added in a later tweet, “While it appears criminal charges won’t be forthcoming here, civil causes of action may still arise from this tragedy that juries may consider.”

“So, I’m disinclined to speculate on decisions that prosecutors, plaintiffs’ counsel and others are more qualified than I to make.”

During a press conference following her office’s report being released to the public, Jenkins told reporters that she urges the community to consider evidence beyond the surveillance video.

“I, too, had a reaction when I watched the video, but as a prosecutor I can’t just look at the video alone,” Jenkins said, according to a report from KTVU. “I have to consider the other evidence, and when you listen to the statement of Mr. Anthony, you will hear from a regular person what was going on in their mind at the time this was playing out. So I simply would ask that even in the midst of very intense heightened emotions that people look at the same evidence that we did, because that is what our decision is based on.”

Jenkins was elected after residents voted to recall former San Francisco District Attorney Chesa Boudin for failing to make the city safer. He was ousted from office in June.

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