San Francisco’s district attorney on Monday released videos and investigative documents related to the April killing of a shoplifting suspect by a Walgreens security guard amid criticisms from the the victim’s family and local politicians, who demand charges against the guard.
Michael Earl-Wayne Anthony, 33, was arrested by San Francisco police after fatally shooting 24-year-old Banko Brown last month, but District Attorney Brooke Jenkins declined to charge Anthony. Brown’s death sparked protests and San Francisco’s Board of Supervisors urged Jenkins to release evidence, including video footage.
The district attorney’s office’s report found “all of this evidence strongly suggests that Anthony firing at Brown in self-defense was objectively reasonable.”
John Burris, an attorney for Brown’s family, told USA TODAY Brown’s parents are “disappointed” in the district attorney’s conclusions and hope the case will be reviewed by the state’s attorney general.
“They family and I certainly have the position that this was an outrageous act on the part of the – and certainly unconscionable – on the part of the security officer and there’s some real blame goes here to Walgreens,” he said.
What happened during the shooting?
Surveillance footage, which does not have sound, shows Brown tried to leave the store holding a bag when Anthony blocked his path. According to the report, Anthony told police he saw Brown take items from the store and waited to confront him “to make sure that Brown intended to steal.”
Anthony said Brown became “aggressive” and fought to keep the items. Footage shows the men began fighting and Anthony appeared to punch Brown multiple times before tackling him to the ground.
Anthony told investigators Brown threatened to stab him while he was being pinned to the floor. A witness reported hearing Brown “cussing out” Anthony and “no evidence disproves the threats or fear reported by Anthony,” according to the report.
Brown picked up the bag after being released by Anthony and moved toward the exit, footage shows. He then turned back toward the guard “in what a witness described as a lunge,” according to the district attorney’s report. Anthony then fired at Brown once, and Brown fell outside the store.
Two witnesses reported Brown spit at Anthony and Anthony said he shot Brown because he was in fear for his life and did not realize Brown would just spit at him. Police found Walgreens products and personal items in Brown’s bag, but did not find a knife, according to the report.
Who was Banko Brown?
Brown struggled with homelessness for more than a decade and worked as a community organizer for the Young Women’s Freedom Center, a nonprofit that provides support for young women and trans youth, according to a statement from the center.
Julia Arroyo, the center’s co-executive director, described Brown as a smart and funny man “who was loved by our whole community.”
“We do not need to see the video to know that Banko Brown’s killing was unjustified. Armed force is not a justified response to poverty,” Arroyo said in a statement Monday. “We must live with the sobering reality that he was killed for no other cause but $14.”
Family, politicians call for new investigation
After watching the video, San Francisco Supervisor Shamann Walton said in a statement Anthony “had the upper hand the entire time.”
Walton said he and Board President Aaron Peskin plan to ask California Attorney General Rob Bonta and the Justice Department to investigate Jenkin’s decision not to file charges. A spokesperson for the attorney general said the office is not involved in the case and the Justice Department declined to comment.
Burris said the family plans to sue Walgreens, the security company and Anthony. “We are offering condolences to the victim’s family during this difficult time,” Marty Maloney, a spokesperson for Walgreens said in a statement to USA TODAY. ”The safety of our patients, customers and team members is our top priority, and violence of any kind will not be tolerated in our stores.”
Kingdom Group Protective Services did not immediately respond to a request for comment from USA TODAY.
“This is a situation where this wasn’t an armed robbery, this was petty theft. $14 from what I understand,” Burris said. “There’s no way, there was no circumstances that would have justified that level of force.”
Jenkins said at a press conference Monday that while she understands there will be an “emotional reaction” to the video, she wants the public to know she’s being transparent and understand the standard of the law and how her office arrived at this decision.
“There will be a temptation, as human beings, to only view the video footage of this incident and nothing else. We are accustomed to seeing videos online, and that often is what captures our attention rather than going the extra step to look deeper,” she said.
Dig deeper
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Contributing: Orlando Mayorquin; USA TODAY; The Associated Press