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Why San Francisco Prosecutor Won't File Charges In Fatal Shooting Of Trans Activist Banko Brown

Brooke Jenkins releases surveillance video and a report to defend her decision, but protesters still demand justice.

San Francisco District Attorney Brooke Jenkins defended her decision Monday (May 15) not to file criminal charges against a Walgreens security guard who fatally shot suspected shoplifter Banko Brown, arguing that it was a case of self-defense.

CBS San Francisco reports that Jenkins’ office released Walgreens surveillance video showing the moment when Michael Earl-Wayne Anthony, 33, fired a single shot from his firearm that ultimately killed Brown, 24, a transgender man and community activist, on April 27.

To promote transparency amid controversy, the DA’s office also released a report that provides details of Jenkins’ decision, including civilian cell phone video, police reports and a transcript of the police interview of Anthony.

But community members and activists protested Wednesday morning (May 17) outside Jenkins’ office, demanding that she file charges against Anthony, local station KRON reports.

Speaking at a press conference Monday, Jenkins, who previously said there wasn’t enough evidence to win a conviction, urged the public to listen closely to the police interview of Anthony.

"It is long, but it goes into great detail about his mental state at the time the pieces of this incident were playing out. Moment by moment. That is very critical. That is the most critical part of our analysis is what he expressed," Jenkins stated.

The surveillance video [Editor’s Note: May disturb some readers], appears to show Brown placing items from the shelves into a bag he brought into the store. Anthony and Brown first came into contact with each other when Brown moved toward the exit without paying for any items. The security guard appears to reach his hand out before Brown initiates contact. He shoves Anthony, and the guard responds by grabbing him before they fall to the ground.

According to the DA’s report, the guard said Brown repeatedly threatened to stab him, CNN reports. However, investigators didn’t find a knife in Brown’s possession. The DA said the guard nevertheless still had a reasonable fear for his life.

During the encounter, the surveillance video appears to show Anthony holding Brown on the ground for up to 20 seconds before standing up and pulling out his firearm. Brown then got up and grabbed the bag with the items and moved toward the exit.

The report reads, "As Brown approached the exit, he turned back towards Anthony. While Anthony and Brown are facing each other, Anthony is seen holding a firearm in his right hand still pointed towards the ground. As Brown was walking out of the store, Brown suddenly turns toward Anthony and moves as if to lunge at him."

Two witnesses also said Brown appeared to lunge back towards Anthony to strike him. It was at that point that Anthony shot Brown.

Woman Says Walgreens Security Guard Accused Her Brother Of Shoplifting And Shot Him Dead Because He Was Black And Gay

“Given the totality of the circumstances, including the threat that Anthony believed, and could reasonably believe, the evidence shows that Brown’s shooting was not a criminal act because Anthony acted in lawful self-defense. Thus, Anthony is not criminally liable for the death of Brown,” the report declares, according to CNN.

But Brown’s family attorney told CNN that it wasn’t “reasonable and necessary” for Anthony to use deadly force in this situation. “Stopping someone and talking to them is different than stopping them and beating them up and ultimately killing them,” the lawyer said.

San Francisco Supervisor Shamann Walton plans to join Board President Aaron Peskin in calling for California Attorney General Rob Bonta and the U.S. Department of Justice to review Jenkins’ decision not to file charges.

In a statement, Walton disputes Jenkins’ view that the video shows Brown lunging at the guard. "The security guard successfully subdues Banko and lets him go. Banko walks backwards and is executed,” Walton said, according to CBS San Francisco, adding that the DA’s decision “gives every armed security guard in San Francisco a license to have an open season to shoot and kill Black and transgender people for alleged shoplifting."

Brown worked as a community organizer at the Young Women's Freedom Center but was housing insecure. The nonprofit's co-executive director, Julia Arroyo, called the shooting “unjustified” and described Brown as a smart and funny young man who was shy but easily made friends.

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