Banko Brown shooting: DA under mounting pressure to release evidence in store killing

By Jose Martinez

May 9, 2023 / 6:48 PM / CBS/Bay City News Service

SAN FRANCISCO -- A week after San Francisco District Attorney Brooke Jenkins announced that charges would not be filed against the security guard who shot and killed Banko Brown at a downtown Walgreens store, many are still trying to understand what changed her mind.

Former prosecutor Anthony Brass believes that the decision not to prosecute was rushed out and may have been based on incomplete information.

"It is very confusing because, at first, the citizens of San Francisco were told ... there wasn't enough evidence to proceed with the case. Now, it's not that complicated in a case like this," he said.

UPDATE: San Francisco District Attorney's Office releases surveillance video in Banko Brown shooting

Brass, who has extensive experience in criminal law, noted that it was surprising that the elected official, the District Attorney of San Francisco, held a press conference in which "she was very clear that the evidence she had could not negate self-defense, and then later on, after making that statement, she said further investigation is necessary."

Last week, Jenkins announced that she would not prosecute the security guard because the guard "believed he was in mortal danger and acted in self-defense." However, on Monday, Jenkins said the investigation is ongoing, and she was up against a legal deadline to either charge the security guard within 72 hours or release him from custody.

Jenkins said she based her initial decision on the security camera video, which she is now under mounting public pressure to release.

"The question is, if the DA's attitude has changed from a case that could not be proven to one that now requires further evidence, what was the change? What was the piece of evidence?" Brass asked.

Two San Francisco supervisors called on the city Tuesday to do more to inquire into the killing of the 24-year-old Brown during an alleged shoplifting incident. Community members have demanded the DA's office release surveillance footage after Jenkins announced she would not be filing charges against the security guard, 33-year-old Michael Earl-Wayne Anthony.

Last week, Supervisor Shamann Walton introduced a letter of inquiry for Jenkins to publicly release the video footage that shows the circumstances surrounding the killing of Brown. He also requested that her office reconsiders its decision to not charge the security guard in the case.

Jenkins responded to the request on Monday, stating that though her office did not charge the suspect initially, she has asked police to gather additional evidence and conduct an investigation. Only after it's completed will she make a charging decision, she said.

Jenkins added that the releasing evidence before the investigation is complete is "unethical" and could "compromise" the case.

"If a final decision to charge the suspect is made, this case will be prosecuted in the courtroom, not in the press or on social media," Jenkins said in a press release. "All evidence will be presented in the courts."

During his roll call introduction, Walton announced two additional letters of inquiry to the San Francisco Police Department and Walgreens to publicly release the video footage of the shooting.

Walton said that he consulted with the City Attorney and was informed that his letter request "has no interference with the investigation and is not at all unethical."

"District Attorney Brooke Jenkins handling of the Michael Brown's case has brought an array of legislative concerns for me as a lawmaker regarding the unfettered discretion California District Attorneys have in charging cases and the varying levels of subjectivity used to charge in such cases," Walton said at Tuesday's meeting.

"Nevertheless, I will continue to be relentless in my efforts find out the entire story of what happened on April 27, 2023, when Banko Brown lost his life," he added.

Also during his roll call, Supervisor Dean Preston asked the City Attorney to draft legislation that would limit the ability for security guards to use guns in San Francisco.

Preston wants to amend the Police Code so security guards are prohibited from unholstering their weapons unless there is an "actual and specific threat to a person."

"While there remain many questions and uncertainties around the murder of Banko Brown, I believe we can all agree that under no circumstances is property worth more than human life. No property, let alone less than $20 worth of candy, is worth more than a human life -- whether that person is homeless or not," said Preston.

First published on May 9, 2023 / 5:31 PM

UPDATE: