Banko Brown's Supporters Applaud Attorney General's Decision to Review Killing After SF DA Passes on Prosecution

California Attorney General Rob Bonta will review whether San Francisco District Attorney Brooke Jenkins abused her discretion when she decided not to prosecute a security guard who shot and killed an alleged shoplifter at a San Francisco Walgreens last month.

Bonta’s decision to reexamine the case was celebrated by family and supporters of 24-year-old Banko Brown, a Black trans man who was unarmed at the time of his killing by Michael Earl-Wayne Anthony.

“All our protests and requests for the AG and federal authorities to get in were a Hail Mary,” Geoffrea Morris, attorney and co-founder of Black Women Revolt Against Domestic Violence, told KQED. “It is a breath of fresh air to know that justice can possibly be served on the criminal level for Banko Brown, and we are so thankful.”

John Burris, a civil rights attorney representing Brown’s family, has said he plans to file lawsuits against Walgreens and Kingdom Group Protective Services, the security company contracted by Walgreens that employed Anthony. Walgreens has since cut ties with Kingdom Group Protective Services.

“Do unto others as you would have them do unto you. And if you don’t want anyone insulting and assaulting your humanity, then you don’t do it to others. That’s it,” said Rev. Amos Brown, president of the San Francisco branch of the NAACP and pastor of the Third Baptist Church of San Francisco.

Banko Brown’s family was involved with the church, and his funeral is set to take place there Thursday morning.

On April 27, Anthony shot and killed Brown, who was said to be living unhoused in San Francisco at the time, after Brown allegedly attempted to shoplift from the store’s 825 Market Street location. Brown had no weapons.

Shortly after the fatal incident, Jenkins announced she would not file charges against Anthony, saying he acted in self-defense.

Protests erupted over the DA’s decision. City leaders then called for Jenkins to release the store’s surveillance footage of the event, which Jenkins agreed to.

The video shows Anthony confronting Brown as he attempts to exit the store. The moment quickly escalates, and Anthony beats Brown to the ground. As Brown gets up and walks outside, Anthony draws his weapon and shoots Brown, who falls to the ground.

Anthony later told investigators that Brown had threatened to stab him. Witnesses could not corroborate the claim. Police did not recover a knife from Brown’s bag or the scene.

The footage prompted calls for state and federal prosecutors to review the case.

“I’ve repeatedly watched the video and reviewed the other released evidence, and I honestly cannot see a justification for this shooting,” state Sen. Scott Wiener (D-San Francisco) said in a public statement after the video’s release. “While shoplifting is a problem in San Francisco that needs to be addressed, shooting someone for shoplifting is truly horrific and must never be tolerated.”

On Tuesday, shortly after Bonta announced he would review Brown’s case, the Board of Supervisors went through with a planned vote, unanimously urging Bonta to do so.

“I think it makes sense in this situation for sure [to review the DA’s decision],” said Supervisor Ahsha Safaí. “There’s nothing wrong with an additional set of eyes.”

Bonta’s office did not provide a timeline on when a decision will be made regarding his review of the case. The review does not guarantee that charges will be filed.

“Banko Brown’s death was a tragedy, and I join his friends and family in wishing he was still here today,” Jenkins said in a press release. “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.”

This is the second time one of Jenkins’ decisions in a police killing has come under review by the state’s justice department since she took office in July 2022.

On May 19, Bonta announced he would not file charges against former San Francisco police officer Christopher Samayoa, who in 2017 shot and killed carjacking suspect Keita O’Neil in the Bayview neighborhood during a chase. O’Neil was on foot when Samayoa shot him through the window of his police car, video footage of the incident shows.

Jenkins’ predecessor, Chesa Boudin, pursued homicide charges against Samayoa, who was on his fourth day on the job when he killed O’Neil. Jenkins dropped the case when she assumed office following a successful recall effort against Boudin, claiming the initial charges were politically motivated. Bonta agreed to review the case, but ultimately sided with Jenkins.

O’Neil’s aunt, April Green, was dismayed by Bonta’s decision to drop the case and expressed sympathies with and concerns for Brown’s family, whom she sees as undergoing a similar situation.

“We’re excited that AG Bonta has decided to review the case. We hope we have better outcomes than the recent Keita O’Neil case, which he refused to charge,” said Morris, the attorney with Black Women Revolt Against Domestic Violence. “We are all cautious too that the review could just be smoke and mirrors to settle the community down.”

KQED’s Billy Cruz contributed to this story.