SAN FRANCISCO (KGO) -- San Francisco District Attorney Brooke Jenkins announced on Monday she will not be filing charges against the security guard who shot and killed Banko Brown inside a Walgreens on April 27. Michael Earl-Wayne Anthony, a security guard at the Market Street store, was accused of fatally shooting 24-year-old Brown during what police are calling a shoplifting incident.
As part of the announcement, the DA's office publicly released a comprehensive report on its website, including witness statements, a police interview with the security guard, redacted police report and surveillance video.
For the sake of transparency, ABC7 News has decided to post the unedited surveillance video of the fatal shooting in the player below. We warn you the video is violent and may be difficult to watch.
On Monday, District Attorney Brooke Jenkins encouraged people to consider all of the evidence as her office has and not to view the video alone.
You can view the district attorney's full report here.
We've posted the lengthy interview between homicide inspectors and Anthony. Watch the video below as he shares his description of what happened and his reaction to learning about Brown's death.
The district attorney's office also provided a transcript of the interview. Starting on page four, the security guard starts to describe what he says happened. And he learned that Banko died on page 28.
In his interview with police, security guard Michael Earl-Wayne Anthony said he felt his life was in danger.
"The whole time we were wrestling, she's saying she's gonna stab me and that's what really put the fear in my heart," said Anthony.
He went on to say, "She walked towards the door, but then she turned around and advanced back turned towards me. That's when I already had my weapon drawn and when she moved towards me, that's when I fired one shot. I didn't want to do that. I didn't I felt like I was in danger. I felt like I was going to be stabbed ... and I didn't know what to expect after the hostility."
"At this time there is nothing to rebut his statements regarding the fact that he acted in self-defense," said Jenkins. "It was our conclusion that we did not have such evidence and that is why we have arrived at this decision at this time."
During this interview with police, Anthony referenced having to keep Brown in a "chokehold type" position so Brown wouldn't harm him, because, Anthony said, he didn't have any handcuffs or other way to restrain Brown. Legal analyst Steven Clark commented on that.
"I think what is very problematic is the use of the choke hold, what appears to be done here by the security guard on Mr. Brown. That in itself can be deadly force and you've seen that time and time again in police use of force cases."
Clark says what is likely to be closely looked at going forward is video of the scuffle, and the use of force on Brown during those moments and before the fatal shot.
"And I think you'll see here even if criminal charges are not filed, that you will see a civil wrongful death lawsuit filed against the security guard and Walgreens for this utilization of deadly force under these circumstances," said Clark
One witness previously told ABC7 several young people were allegedly shoplifting and the security guard confronted Brown.
Jenkins encouraged residents not to look exclusively at the video, but to consider all the evidence.
"And while I understand, as a resident, you would say, 'Well just let the jury decide,'" Jenkins said. "That is not the standard for charging we have to believe at the time that we charge a case that a jury of 12 will convict, not let's just charge the case and see what happens"
She says the release of information was in part in response to growing concerns among San Franciscans and beyond.
San Francisco Supervisor Aaron Peskin says he was quite troubled by the video.
"There's distance between them, Banko Brown is unarmed, Banko Brown is outside of the store," said Peskin.
Peskin says he will ask the Board of Supervisors to join him in calling for further review.
"I am personally asking both California's attorney general as well as the U.S. Department of Justice to review the evidence in this case," he said. "This is not who we are, stealing a bag of candy does not warrant death."
San Francisco Supervisor Shamann Walton released a statement on the video of the shooting death of Banko Brown: "I have watched the video several times, Banko Brown was clearly walking backwards, after being thrown to the ground, punched, and abused by the security guard for several seconds. The security guard successfully subdues Banko and lets him go. Banko walks backwards and is executed. The security guard had the upper hand the entire time and even told Banko that he was letting him go as stated in the transcript released by the DA. Where is the perceived threat? DA Jenkins' decision to not charge 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."
In the statement, Walton also write that he plans to join Peskin in calling California Attorney General Rob Bonta and the U.S. Department of Justice to launch a review of Jenkin's decision to not file charges.
Jenkins said she understands there may be an emotional reaction to what people see in the video. She also talked about how San Francisco as a city is going to have to talk more now about how it deters retail theft in an ongoing conversation.
Here is a link to the redacted report.
Here is a link to the police investigation transcript with Michael Earl-Wayne Anthony.
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