- By Marcus White | Examiner staff writer
- May 5, 2023 (SFExaminer.com)
San Francisco District Attorney Brooke Jenkins now says there is “still an ongoing investigation” into the killing of Banko Brown.
Jenkins on Monday said her office would not pursue charges because “(the evidence) clearly shows” private security guard Michael Earl-Wayne Anthony “believed he was in mortal danger and acted in self-defense” when he allegedly shot and killed Brown outside of a downtown Walgreens last month.
But Jenkins told the Bay Area Reporter on Thursday that the San Francisco Police Department continues to investigate the case, pointing to that inquiry as to why she hasn’t answered calls from politicians and the public to release footage of the killing.
“While we opted not to charge this case earlier this week when we discharged it, we asked SFPD to conduct further investigation,” Jenkins said. “It’s still an ongoing investigation, still an open case, so I’m not yet at the point (when) I can publicly reveal all of the facts.”
Jenkins said releasing security video of the killing would “open myself up to the defense saying we’ve tainted the jury” if her office decided to charge Brown.
Donald Washington Jr., a man who said he was shopping at the Market Street Walgreens at the time Anthony shot Brown, told Mission Local on Thursday that the security guard killed Brown after throwing him out of the store for allegedly shoplifting. Washington saw Anthony throw Brown “on the ground” after hearing a spitting sound.
Washington said he bumped into Anthony, who then went back outside of the Walgreens and shot and killed Brown.
“At that instant moment, I’m thinking, ‘Is he gonna fight him? What’s going on?’ So I pressed the button on my camera right fast. As I’m pressing the button, he already shot (Brown),” Washington told the outlet, adding that Anthony “shot that boy over some snacks.”
Anthony spoke with the San Francisco Standard on Thursday, declining to tell the outlet how the shooting unfolded. He said he was “glad things are clearing up” but was “still dealing with it” emotionally.
“It’s not like I go through this many times,” Anthony told the outlet. “This is a very life-changing matter.”
Brown was unarmed at the time of the shooting, according to police. The Standard, citing an anonymous source, reported that Brown threatened to stab Anthony, while Board of Supervisors President Aaron Peskin said police told him Brown assumed “a fighting stance” and spat on Anthony.
Jenkins told the Bay Area Reporter that it “began as an ordinary shoplifting, and at the point when the security guard indicated that the things didn’t need to leave the building, it escalated to a robbery.” She reiterated that Anthony “articulated that he believed he needed to act in self-defense.”
Peskin, based on his conversations with police, initially said he would introduce legislation to call on Jenkins to reevaluate her charging decision. Jenkins, when asked about those calls, told the outlet that she’s “not deferring to someone else’s expertise or judgment call.”
On the agenda for next week’s supervisors meeting instead is a resolution that would urge Jenkins to “release police reports, witness accounts and video information” from the shooting.
John Burris, the Brown family’s attorney, has also called on Jenkins’ office to release the footage in the case. He told the Bay Area Reporter that Brown’s family thought Jenkins’ “explanations and justifications for not charging were not supporting by the evidence” she presented in a meeting with them.
“The family is not happy at all with her decision,” he told the outlet. “They’re disgusted with her.”
Editor’s Note: This story previously contained an inaccurate description of Supervisor Catherine Stefani’s position on the resolution. She has not taken a position.
Marcus White
Marcus White is a senior digital writer and producer for the San Francisco Examiner.
