Family of Banko Brown, Security Company Settle for $5M in Wrongful Death Suit
The family of an unarmed Black transgender man who was killed by a security guard at a San Francisco Walgreens store is settling with the security company and guard for $5 million, according to a San Francisco Superior Court motion filed Thursday.
Banko Brown, 24, was fatally shot by Kingdom Group Protective Services’ guard Michael Earl-Wayne Anthony on April 27, 2023, after a struggle inside the downtown store — over alleged shoplifted items Brown was carrying in his bag.
Several weeks after the incident, Brown’s parents, Terry Brown and Kevinisha Henderson, represented by the Oakland law firm Burris, Nisenbaum, Curry and Lacy, filed a lawsuit against Walgreens, Kingdom Group, Allied Universal Security and Anthony. The lawsuit alleged Brown’s wrongful death at Anthony’s hands.
Attorney John Burris, representing the plaintiff, said when announcing the lawsuit that Kingdom Group and Walgreens’ use of armed guards and a directive to physically confront shoplifters caused “their unfit security guard to blow up and kill Banko over nothing.”
“We’re only part of the way there,” attorney Ben Nisenbaum told KQED on Friday, referring to Walgreens and Allied. “As far as the family is concerned, I think they feel the same way that this is one piece of it, but there’s much more to go.”
Brown’s death sparked outrage about the city’s support for trans community members and District Attorney Brooke Jenkins’ decision not to charge Anthony with a crime.
Jenkins said that there was “insufficient evidence” to charge the security guard, citing Anthony’s claims that Brown threatened to stab him and that he feared for his life. No weapon was recovered from Brown’s belongings or the scene.
Footage of the incident showed Anthony confronting Brown, who was attempting to leave the store with the alleged shoplifted items. The two struggled, and Brown fell to the floor with his bag. Anthony appears to pull Brown off the floor and places him in what the guard described to police as a “chokehold type” restraint.
After several seconds, Anthony releases Brown from the hold. Brown retrieves his bag from the ground and begins to leave the Walgreens. Brown briefly motions with his arm and then gestures at Anthony. Anthony shoots Brown once as he’s backing away from the storefront.
Anthony told investigators that he only felt he was in danger after Brown had advanced toward him, when he said Brown tried to spit at him.
After Jenkins declined to press charges, California Attorney General Rob Bonta was praised for his decision to review whether Jenkins abused her discretion in the incident. Bonta ultimately found that Jenkins hadn’t.
Weeks before Brown’s death, Kingdom Group changed its policies so that security guards could be more hands-on during instances where someone is allegedly stealing merchandise.
But Brown’s death caused Kingdom Group to revisit these policies, according to reporting by the San Francisco Standard. Guards who worked for Kingdom Group said they were told to no longer confront shoplifters at Walgreens and not to bring their guns to work.
San Francisco supervisors also took their own action after the incident. The board banned armed guards from drawing a weapon in instances where they feel only property — not life — is under threat.
Nisenbaum said that the claim for damages against Walgreens and Allied is still ongoing, despite Kingdom and Anthony’s settlement.
“It’s not justice, right? Because justice would have been Anthony being held accountable in criminal court,” Nisenbaum said. “So what’s left is this.”
KQED’s Sukey Lewis contributed to this report.