The San Francisco District Attorney's Office on Monday released a series of reports and videos connected to the shooting death of Banko Brown by a security guard at a Walgreens last month.
In releasing the documents and footage, the district attorney's office announced that there is insufficient evidence to file criminal charges against the security guard.
The links below were provided by the district attorney's office.
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Banko Brown case reports
- Declination of charges report into the death of Banko Brown on April 27, 2023
- Redacted Record of Investigation
- Redacted Suspect Interview Transcript with Homicide Investigators
- Redacted Police Incident Reports
Banko Brown case footage
- Walgreens Surveillance Video (April 27, 2023)
- Civilian Cell Phone Video Footage (April 27, 2023)
- SFPD Body Worn Camera Footage (April 27, 2023)
- Homicide Inspector Interview of Anthony (April 28, 2023)
The Walgreens security camera video documents the nearly minutelong struggle between Brown and security guard Michael Earl-Wayne Anthony that led up to the shooting.
It begins with Brown walking toward the store's exit, where he's confronted by Anthony about stolen items in Brown's bag.
After a shove and a struggle, Anthony punches Brown several times, pulls him to the ground and puts him into a restraining hold for several seconds.
In a taped interview, Anthony told police he told Brown he would release him if he calmed down. After he lets go, Brown picks up the bag and begins to walk out as Anthony draws his gun. Moments later, Brown turns to face Anthony again. That's when Anthony lifts his gun and fires.
"With a video that has no sound, no audio to it, it is difficult to have context to what is going on," San Francisco District Attorney Brooke Jenkins said. "That is why we must listen to the security guard statement, the witness statements.”
The police body camera video appears to show police talking with Anthony shortly after the shooting. He described what he was thinking after he let Brown go from the struggle on the ground.
"I got my gun drawn out," he said. "I'm not telling you to stay or, you know, arresting you or nothing. You've got free will. Yet, you want to advance towards me while I have that out."
During a second interview with homicide investigators, Anthony told police that Brown repeatedly threatened to stab him as they were fighting and said he ultimately shot because he feared for his life.
"And once I let go, I stood back because the whole time we were wrestling, she was saying that she was going to stab me, and that's what really put the fear in my heart," Anthony said.
While Anthony referred to Brown as "she," friends and family said Brown identified as trans male.
Jenkins said the videos, Anthony's statements as well as witness statements were all key in her decision not to press criminal charges.
“While I understand as a resident you would want to say, 'Well, just let the jury decide.' That is not the standard for charging," she said. "We have to believe at the time that we charge a case that a jury of 12 would convict.”
Reaction to the release of the footage and the other evidence was swift. San Francisco Board of Supervisors President Aaron Peskin, who authored a resolution demanding the DA release the footage, is now calling on California Attorney General Rob Bonta and the U.S. Department of Justice to review Jenkins' decision not to bring charges in the case.
In a statement, Peskin wrote in part, "This is not who we are. Stealing a bag of candy does not warrant the death penalty."
Angry protesters took to the streets in San Francisco from Market Street, where Banko was shot, to city hall, demanding criminal charges.
Supervisor Shamann Walton watched the video and says the security guard overwhelmed Brown during the entire confrontation. He wants charges filed, and says race may have played a role in the charging even though DA Jenkins is Black herself.
"What I witnessed was an execution," said Walton. "If you allow a Black person to be executed in the street, that tells me that Black lives, don’t matter to you the same."
NBC Bay Area's legal expert Steven Clarke says the security guard did not use what could be considered reasonable force. And he predicts the Brown family may well have their day in court.
"I do anticipate a civil suit being filed for excessive use of force in wrongful death against Walgreens in the security company. This is something that should have never happened," said Clarke.
WARNING: The video footage released by the district attorney's office may be disturbing to viewers. Viewer discretion is advised.
