SAN FRANCISCO (KGO) -- California Attorney General Rob Bonta will review the San Francisco district attorney's decision to not file charges against the security guard who fatally shot Banko Brown a San Francisco Walgreens in late April.
The attorney general's office confirmed with ABC7 News Tuesday night that it is reviewing DA Brooke Jenkins' decision to see whether it was an "abuse of discretion."
Jenkins announced last Monday that she would not be filing charges against the security guard saying she believes he acted in self defense, and released a comprehensive report which included witness statements, a police interview with the security guard, redacted police report and surveillance video.
In the surveillance video, a security guard who was working at Walgreens, is seen confronting Brown, suspected of shoplifting, according to police. A scuffle ensues, then a short time later, that security guard can be seen shooting and killing Brown.
"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"
Jenkins's office released the following statement Tuesday which read in part: "We provided the highest degree of transparency possible that we could with this case. We welcome the Attorney General's review and will assist and cooperate as needed."
Attorney John Burris who is representing Brown's family tells us this decision does not mean that the attorney general's office will prosecute. But they could if they find the decision to not file charges was "contrary to evidence."
Burris released the statement in response to the attorney general's announcement:
I am pleased with the AG 's decision to review the local decision to not prosecute the killer of Banco Brown. Last week sent letter to AG requesting that he review the decision in accordance with the standard of review "abuse of discretion". We received notice yesterday that they would take the case. This does not mean that they are going to prosecute but will do so if they conclude that the DA'S decision was an abuse of discretion. In essence, the failure to prosecute was contrary to the evidence. Both mother and father are happy with the AG's decision.
We've seen numerous rallies for Banko Brown in recent weeks and now, the news from Sacramento.
"I'm hopeful, I'm hopeful, it brought tears to my eyes. I'm hopeful," said Banko's mom Kevinisha Henderson.
We spoke with her 10 minutes after she learned of Bonta's decision to review the case.
"Grateful, yeah we're grateful. I don't want to say anything, I just want to see what happens after this," said Henderson.
Some family members though, are still skeptical of this review.
"I just don't trust them. I don't know what to expect, it's happening almost every day, you keep dropping charges on people that's wrongly murdered so," said one family member.
"So until you see some charges, it's not progress?" we asked.
"Pretty much," responded Shameka Anderson who went on to say, "He needs to be in jail and he needs to get manslaughter."
"He needs to learn from his mistake and be put behind bars just like Banko's life was taken, his life needs to be taken as well behind bars," said Asia Hubbard, who is Banko's previous partner.
If you're on the ABC7 News app, click here to watch live