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The security guard who shot dead a suspected shoplifter at a Walgreens in downtown San Francisco last month will not be prosecuted, prosecutors said Monday, saying the gunman acted in self-defense.

Brooke Jenkins prosecutors on Monday released surveillance video and a written report of Michael Anthony’s April 27 fatal shooting of Banko Brown.

According to the report, the guard said Brown repeatedly threatened to stab him before the shooting. The report stated that police did not find a knife in Brown’s possession, but prosecutors nevertheless concluded that his fears were valid.

“Given the totality of the circumstances, including the threat, which Anthony believed and could reasonably believe, the evidence shows that Brown’s shooting was not a criminal act as Anthony acted in lawful self-defense,” the report reads. “Anthony is therefore not criminally responsible for Brown’s death.”

However, Brown’s family attorney, John Burris, told CNN’s Sara Sidner that the security guard’s actions “went far beyond what was reasonable and necessary.”

“Stopping someone and talking to them is different than stopping them, beating them up and eventually killing them,” Burris said Tuesday

The San Francisco Board of Supervisors last week sent a letter asking District Attorney Brooke Jenkins to release surveillance video showing the shooting after no charges were filed against the guard during the 72 hours he was in custody.

Courtesy of attorney John Burris

Banko Brown was fatally shot by a security guard at a Walgreens store in San Francisco on April 27.

Surveillance camera video released Monday shows Brown attempting to exit the store before being stopped by a security guard, identified by police as Anthony. Brown then shoves the guard, leading to a physical altercation.

Brown is pinned to the ground by the guard but released after about a minute, video shows. Brown is about to leave but appears to turn and walk toward the security guard, who then shoots him, video shows.

The murder and lack of charges have sparked protests in San Francisco linked to broader debates about crime, poverty, homelessness and criminal justice in the Northern California city.

San Francisco has seen a significant exodus of middle-class residents since the Covid-19 pandemic, and a spate of brazen property crimes and rampant public drug use have created a sense of disorder, as CNN reports in the current special, What About San happened?” did Francisco investigate?”

One such incident was a 2021 day theft at a Walgreens store that was caught on video, in which a suspect casually snatched items off shelves, tossed them into a black bag and exited the store, pointing at the store’s security guard and several onlookers passed. Walgreens said at the time this “blatant retail theft” was an ongoing problem at its stores, although a company executive said earlier this year “maybe we cried too much” over the issue.

As part of the backlash, progressive prosecutor Chesa Boudin was removed from office last year by a 55% majority. Jenkins was named to succeed him and vowed to “restore accountability and consequence to our criminal justice system,” saying this is the moment to “take back our streets.”

San Francisco District Attorney’s Office

Surveillance camera video shows part of the encounter between Banko Brown (left) and security guard Michael Anthony before Anthony fatally shot Banko.

In his videotaped interview with police, the guard said Brown repeatedly threatened to stab him during the fight.

“I felt like I was in danger. I felt like I was about to be stabbed,” Anthony said.

According to the district attorney’s report, Brown was a transgender man. Anthony went on to describe his state of mind at the moment Brown approached him, using incorrect pronouns.

“And I didn’t know what she was up to, but, uh… turns out her intention was to… try to spit on me, and by that reaction of turning around and coming towards me… that’s when I raised it.” high (movements). with your hands) and then shot once.”

The district attorney’s report states that self-defense applies when a person has a reasonable belief that they are in imminent danger of being killed or seriously injured.

“There is no evidence that Anthony’s fear was genuine,” the report said.

However, Burris, the attorney for Brown’s family, said he would soon be filing a lawsuit in the case.

“I watched the tape and looked at it pretty closely, and I think that shooting was unjustified,” he told CNN.

“The family is very concerned that no prosecution has taken place, particularly the father and mother, and they want the matter escalated to the Attorney General’s Office for consideration.”

Aaron Peskin, president of the San Francisco Board of Supervisors, said he is asking the Attorney General and the US Department of Justice to review the case. He told CNN affiliate KGO that the video worried him.

“There is a distance between them, Banko Brown is unarmed, Banko Brown is outside the store,” he said.

Walgreens issued a statement expressing condolences to Brown’s family.

“The safety of our patients, customers and team members is our top priority and violence of any kind will not be tolerated in our branches,” the company said. “We take the matter seriously and are cooperating with the local authorities.”

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