Liz Lindqwister

State Sen. Scott Wiener on Sunday called for the public release of information surrounding the death of Banko Brown, a Black and transgender man who was shot and killed by a security guard stationed at a San Francisco Walgreens on April 27.&nbsp;

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State Sen. Scott Wiener on Sunday called for the public release of information surrounding the death of Banko Brown, a Black and transgender man who was shot and killed by a security guard stationed at a San Francisco Walgreens on April 27.&nbsp;

The guard, Michael Earl-Wayne Anthony, <a href="https://sfstandard.com/criminal-justice/walgreens-killing-heres-what-we-know-about-banko-browns-shooting-by-a-security-guard/">tried to stop Brown</a> for allegedly shoplifting and an altercation ensued ahead of the shooting, San Francisco Police Chief Bill Scott said. Police arrested and booked Anthony on suspicion of murder April 28, but he was released from jail on Monday after prosecutors declined to charge him.

The guard, Michael Earl-Wayne Anthony, <a href="https://sfstandard.com/criminal-justice/walgreens-killing-heres-what-we-know-about-banko-browns-shooting-by-a-security-guard/">tried to stop Brown</a> for allegedly shoplifting and an altercation ensued ahead of the shooting, San Francisco Police Chief Bill Scott said. Police arrested and booked Anthony on suspicion of murder April 28, but he was released from jail on Monday after prosecutors declined to charge him.

“This shooting has caused profound and growing concern in the community, particularly among Black and transgender San Franciscans,” Wiener said in his statement, which he posted on Twitter.&nbsp;

“This shooting has caused profound and growing concern in the community, particularly among Black and transgender San Franciscans,” Wiener said in his statement, which he posted on Twitter.&nbsp;

Wiener said that <a href="https://twitter.com/Scott_Wiener/status/1655253884204650496" target="_blank" rel="noreferrer noopener">the stream of new details released</a> about Brown’s death raised “significant public doubt” about Anthony&#8217;s self-defense claims.

Wiener said that <a href="https://twitter.com/Scott_Wiener/status/1655253884204650496" target="_blank" rel="noreferrer noopener">the stream of new details released</a> about Brown’s death raised “significant public doubt” about Anthony's self-defense claims.

Wiener said that <a href="https://twitter.com/Scott_Wiener/status/1655253884204650496" target="_blank" rel="noreferrer noopener">the stream of new details released</a> about Brown’s death raised “significant public doubt” about Anthony&#8217;s self-defense claims.

Senator Scott Wiener speaks outside Glide memorial Church during a press conference about safe consumption sites, which hang in the balance as the bill, authored by Sen. Wiener, is waiting for Gov. Gavin Newsom’s approval, on Thursday, August 11, 2022. | Camille Cohen/The Stand

<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/11/SafeConsumptionGlide-40.jpg" alt="" class="wp-image-97092"/><figcaption class="wp-element-caption">State Sen. Scott Wiener speaks outside Glide Memorial Church during a press conference on Aug. 11, 2022. | Camille Cohen/The Standard</figcaption></figure>

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<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/11/SafeConsumptionGlide-40.jpg" alt="" class="wp-image-97092"/><figcaption class="wp-element-caption">State Sen. Scott Wiener speaks outside Glide Memorial Church during a press conference on Aug. 11, 2022. | Camille Cohen/The Standard</figcaption></figure>

READ MORE: <a href="https://sfstandard.com/criminal-justice/walgreens-san-francisco-guard-released-from-jail/">SF Walgreens Security Guard Freed From Jail; DA Won’t Pursue Murder Charge in Shooting</a>

READ MORE: <a href="https://sfstandard.com/criminal-justice/walgreens-san-francisco-guard-released-from-jail/">SF Walgreens Security Guard Freed From Jail; DA Won’t Pursue Murder Charge in Shooting</a>

SF District Attorney <a href="https://sfstandard.com/criminal-justice/walgreens-san-francisco-guard-released-from-jail/">Brooke Jenkins</a> cited the self-defense claims in her initial decision not to pursue murder charges against Anthony.&nbsp;

SF District Attorney <a href="https://sfstandard.com/criminal-justice/walgreens-san-francisco-guard-released-from-jail/">Brooke Jenkins</a> cited the self-defense claims in her initial decision not to pursue murder charges against Anthony.&nbsp;

But Jenkins <a href="https://www.ebar.com/story.php?ch=news&amp;sc=latest_news&amp;id=325083" target="_blank" rel="noreferrer noopener">told the Bay Area Reporter Thursday</a> that there is “still an ongoing investigation” into Brown’s killing. SF police are allegedly investigating the case, which Jenkins says is the reason why no other additional information has been released publicly.&nbsp;

But Jenkins <a href="https://www.ebar.com/story.php?ch=news&amp;sc=latest_news&amp;id=325083" target="_blank" rel="noreferrer noopener">told the Bay Area Reporter Thursday</a> that there is “still an ongoing investigation” into Brown’s killing. SF police are allegedly investigating the case, which Jenkins says is the reason why no other additional information has been released publicly.&nbsp;

&#8220;While we opted not to charge this case earlier this week when we discharged it, we asked SFPD to conduct further investigation,&#8221; Jenkins told the Reporter. &#8220;It&#8217;s still an ongoing investigation, still an open case, so I&#8217;m not yet at the point [when] I can publicly reveal all of the facts.&#8221;

"While we opted not to charge this case earlier this week when we discharged it, we asked SFPD to conduct further investigation," Jenkins told the Reporter. "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."

&#8220;While we opted not to charge this case earlier this week when we discharged it, we asked SFPD to conduct further investigation,&#8221; Jenkins told the Reporter. &#8220;It&#8217;s still an ongoing investigation, still an open case, so I&#8217;m not yet at the point [when] I can publicly reveal all of the facts.&#8221;

Wiener’s request adds to the <a href="https://www.cbsnews.com/sanfrancisco/news/community-reacts-to-da-decision-not-to-prosecute-security-guard-in-banko-brown-case/" target="_blank" rel="noreferrer noopener">chorus of politicians, activists and community members</a> demanding greater transparency surrounding Brown’s killing. Brown was a volunteer organizer at a nonprofit called the Young Women’s Freedom Center, which advocates for transgender youth and young women.&nbsp;

Wiener’s request adds to the <a href="https://www.cbsnews.com/sanfrancisco/news/community-reacts-to-da-decision-not-to-prosecute-security-guard-in-banko-brown-case/" target="_blank" rel="noreferrer noopener">chorus of politicians, activists and community members</a> demanding greater transparency surrounding Brown’s killing. Brown was a volunteer organizer at a nonprofit called the Young Women’s Freedom Center, which advocates for transgender youth and young women.&nbsp;

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<figure class="wp-block-video"><video autoplay controls loop muted src="https://content.sfstandard.com/wp-content/uploads/2023/05/SFS_BOS-BANKO-BROWN_4_1.mp4" playsinline></video><figcaption class="wp-element-caption">Young Women’s Freedom Center Co-Executive Director Julia Arroyo details her relationship with Banko Brown at a Board of Supervisors meeting on Tuesday.</figcaption></figure>

Local lawmakers <a href="https://sfstandard.com/politics/sf-supervisors-question-shooting-charges-5-day-power-outage/">listened to two hours of community testimony</a> about Brown’s killing at a Board of Supervisors meeting Tuesday evening. Speakers repeatedly expressed outrage over Brown’s death, saying his killing over an alleged petty theft exemplified continuing inequality and maltreatment of people of color.&nbsp;

Local lawmakers <a href="https://sfstandard.com/politics/sf-supervisors-question-shooting-charges-5-day-power-outage/">listened to two hours of community testimony</a> about Brown’s killing at a Board of Supervisors meeting Tuesday evening. Speakers repeatedly expressed outrage over Brown’s death, saying his killing over an alleged petty theft exemplified continuing inequality and maltreatment of people of color.&nbsp;

Demonstrations over Brown&#8217;s killing continued on Sunday as numerous protestors carrying signs&nbsp;<a href="https://twitter.com/darren_stallcup/status/1655321021854158849?s=20" target="_blank" rel="noreferrer noopener">gathered in Downtown SF outside of Westfield San Francisco Centre mall</a>, according to videos posted on social media.

Demonstrations over Brown's killing continued on Sunday as numerous protestors carrying signs&nbsp;<a href="https://twitter.com/darren_stallcup/status/1655321021854158849?s=20" target="_blank" rel="noreferrer noopener">gathered in Downtown SF outside of Westfield San Francisco Centre mall</a>, according to videos posted on social media.

Demonstrations over Brown&#8217;s killing continued on Sunday as numerous protestors carrying signs&nbsp;<a href="https://twitter.com/darren_stallcup/status/1655321021854158849?s=20" target="_blank" rel="noreferrer noopener">gathered in Downtown SF outside of Westfield San Francisco Centre mall</a>, according to videos posted on social media.

Sunday&#8217;s protest appears to have <a href="https://twitter.com/SFMTA_Muni/status/1655323735992455168?s=20" target="_blank" rel="noreferrer noopener">caused &#8220;rolling delays&#8221;</a> to inbound Muni transit passing through Market Street, according to an SF Municipal Transportation Agency announcement posted on Twitter at 2:28 p.m. The Muni disruption was cleared by 3:12 p.m., <a href="https://twitter.com/SFMTA_Muni/status/1655334913447698432" target="_blank" rel="noreferrer noopener">SFMTA tweeted</a>.

Sunday's protest appears to have <a href="https://twitter.com/SFMTA_Muni/status/1655323735992455168?s=20" target="_blank" rel="noreferrer noopener">caused "rolling delays"</a> to inbound Muni transit passing through Market Street, according to an SF Municipal Transportation Agency announcement posted on Twitter at 2:28 p.m. The Muni disruption was cleared by 3:12 p.m., <a href="https://twitter.com/SFMTA_Muni/status/1655334913447698432" target="_blank" rel="noreferrer noopener">SFMTA tweeted</a>.

Sunday&#8217;s protest appears to have <a href="https://twitter.com/SFMTA_Muni/status/1655323735992455168?s=20" target="_blank" rel="noreferrer noopener">caused &#8220;rolling delays&#8221;</a> to inbound Muni transit passing through Market Street, according to an SF Municipal Transportation Agency announcement posted on Twitter at 2:28 p.m. The Muni disruption was cleared by 3:12 p.m., <a href="https://twitter.com/SFMTA_Muni/status/1655334913447698432" target="_blank" rel="noreferrer noopener">SFMTA tweeted</a>.

“There’s enormous pain in the community around the shooting of Banko Brown,” Wiener tweeted Sunday morning. “It’s time to release the video &amp; other information about this horrific shooting.”

“There’s enormous pain in the community around the shooting of Banko Brown,” Wiener tweeted Sunday morning. “It’s time to release the video &amp; other information about this horrific shooting.”

Walgreens killing: State Sen. Scott Wiener demands more information about shooting of Banko Brown

Jonah Owen Lamb

Walgreens security guard Michael Earl-Wayne Anthony told police that Banko Brown threatened to stab him before he shot and killed Brown. While no witnesses interviewed by police heard Brown say anything to that effect during the fatal altercation that unfolded on April 27 over what appeared to be five pieces of candy, the San Francisco District Attorney’s Office said understanding Anthony’s state of mind at the time was crucial to understanding the case.

Walgreens security guard Michael Earl-Wayne Anthony told police that Banko Brown threatened to stab him before he shot and killed Brown. While no witnesses interviewed by police heard Brown say anything to that effect during the fatal altercation that unfolded on April 27 over what appeared to be five pieces of candy, the San Francisco District Attorney’s Office said understanding Anthony’s state of mind at the time was crucial to understanding the case.

These and other new details of the moments directly before and after Brown was shot were <a href="https://sfdistrictattorney.org/wp-content/uploads/2023/05/230293413-Initial-Incident-1_Redacted.pdf" target="_blank" rel="noreferrer noopener">revealed Monday in police reports</a> and video released by DA Brooke Jenkins amid public calls for more transparency <a href="https://sfstandard.com/criminal-justice/walgreens-san-francisco-guard-released-from-jail/">around her decision not to press charges against Anthony</a>.&nbsp;&nbsp;

These and other new details of the moments directly before and after Brown was shot were <a href="https://sfdistrictattorney.org/wp-content/uploads/2023/05/230293413-Initial-Incident-1_Redacted.pdf" target="_blank" rel="noreferrer noopener">revealed Monday in police reports</a> and video released by DA Brooke Jenkins amid public calls for more transparency <a href="https://sfstandard.com/criminal-justice/walgreens-san-francisco-guard-released-from-jail/">around her decision not to press charges against Anthony</a>.&nbsp;&nbsp;

The <a href="https://sfstandard.com/criminal-justice/banko-brown-district-attorney-brooke-jenkins-video-deadly-shooting/">video footage appears to show the 24-year-old Brown</a> walking with a bag toward the store’s exit when Anthony, 33, confronts him at the door and a violent encounter ensues. Anthony seems to punch Brown and put him in a headlock as the pair wrestle to the ground. The two then part, and Brown leaves the store but turns back, at which point Anthony shoots him. Anthony told police that at some point during their scuffle, Brown threatened to stab him. Brown was later found to be unarmed. There is no audio in the security camera footage.

The <a href="https://sfstandard.com/criminal-justice/banko-brown-district-attorney-brooke-jenkins-video-deadly-shooting/">video footage appears to show the 24-year-old Brown</a> walking with a bag toward the store’s exit when Anthony, 33, confronts him at the door and a violent encounter ensues. Anthony seems to punch Brown and put him in a headlock as the pair wrestle to the ground. The two then part, and Brown leaves the store but turns back, at which point Anthony shoots him. Anthony told police that at some point during their scuffle, Brown threatened to stab him. Brown was later found to be unarmed. There is no audio in the security camera footage.

After releasing the video, Jenkins cautioned the public and press not to use it as their sole source for understanding the fatal incident, describing the statements of witnesses and Anthony as the “most critical part” of her office’s decision to dismiss the charges.

After releasing the video, Jenkins cautioned the public and press not to use it as their sole source for understanding the fatal incident, describing the statements of witnesses and Anthony as the “most critical part” of her office’s decision to dismiss the charges.

While no witnesses said they heard Brown threaten to stab Anthony, Jenkins said, none of their statements contradicted what he told police.&nbsp;&nbsp;

While no witnesses said they heard Brown threaten to stab Anthony, Jenkins said, none of their statements contradicted what he told police.&nbsp;&nbsp;

The <a href="https://sfdistrictattorney.org/wp-content/uploads/2023/05/ROI_Redacted.pdf" target="_blank" rel="noreferrer noopener">DA’s investigator on the case came to the same conclusion</a>, saying in his report that, “If one only watches the video in a vacuum, you don’t have full context of the circumstances and state of mind of the suspect.”&nbsp;

The <a href="https://sfdistrictattorney.org/wp-content/uploads/2023/05/ROI_Redacted.pdf" target="_blank" rel="noreferrer noopener">DA’s investigator on the case came to the same conclusion</a>, saying in his report that, “If one only watches the video in a vacuum, you don’t have full context of the circumstances and state of mind of the suspect.”&nbsp;

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2023/05/Screenshot-2023-05-15-at-4.38.18-PM-2500x1563.png" alt="" class="wp-image-160650"/><figcaption class="wp-element-caption">A screen shot of the video interview of Michael Earl-Wayne Anthony by police the day after he shot and killed Banko Brown | Courtesy the San Francisco District Attorney&#8217;s Office</figcaption></figure>

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2023/05/Screenshot-2023-05-15-at-4.38.18-PM-2500x1563.png" alt="" class="wp-image-160650"/><figcaption class="wp-element-caption">A screen shot of the video interview of Michael Earl-Wayne Anthony by police the day after he shot and killed Banko Brown | Courtesy the San Francisco District Attorney's Office</figcaption></figure>

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2023/05/Screenshot-2023-05-15-at-4.38.18-PM-2500x1563.png" alt="" class="wp-image-160650"/><figcaption class="wp-element-caption">A screen shot of the video interview of Michael Earl-Wayne Anthony by police the day after he shot and killed Banko Brown | Courtesy the San Francisco District Attorney&#8217;s Office</figcaption></figure>

The majority of the six witnesses interviewed—whose names were redacted in police reports—saw a fight at the door. Two witnesses said they saw Brown lunge toward Anthony before he shot Brown; two others said they saw Brown spit at Anthony. Another said Brown made a fighting stance before Anthony fired.&nbsp;

The majority of the six witnesses interviewed—whose names were redacted in police reports—saw a fight at the door. Two witnesses said they saw Brown lunge toward Anthony before he shot Brown; two others said they saw Brown spit at Anthony. Another said Brown made a fighting stance before Anthony fired.&nbsp;

One witness said it appeared like the two had had interactions in the past.&nbsp;

One witness said it appeared like the two had had interactions in the past.&nbsp;

Yet another witness to the shooting said she was standing in line when she heard a commotion. She saw the pair fighting and Anthony holding Brown.

Yet another witness to the shooting said she was standing in line when she heard a commotion. She saw the pair fighting and Anthony holding Brown.

“Let me go, and I’ll fight you one on one,” the witness said she heard Brown say to Anthony.&nbsp;

“Let me go, and I’ll fight you one on one,” the witness said she heard Brown say to Anthony.&nbsp;

“I&#8217;ll let you go if you calm the fuck down,” the witness said they heard Anthony reply.

“I'll let you go if you calm the fuck down,” the witness said they heard Anthony reply.

“I&#8217;ll let you go if you calm the fuck down,” the witness said they heard Anthony reply.

Once Anthony let go, Brown appeared “more agitated,” the witness said.&nbsp;

Once Anthony let go, Brown appeared “more agitated,” the witness said.&nbsp;

The witness then said Anthony pulled his gun and said, “Don’t do it, step back,” and then the witness heard a shot.&nbsp;

The witness then said Anthony pulled his gun and said, “Don’t do it, step back,” and then the witness heard a shot.&nbsp;

A still image pulled from surveillance footage shows a security guard putting Banko Brown in a headlock near the doorway at Walgreens at 825 Market St. in San Francisco. | Courtesy San Francisco District Attorney’s Office

<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2023/05/INLINED1_DABankoBrown05152023.jpg" alt="" class="wp-image-160425"/><figcaption class="wp-element-caption">A still image pulled from surveillance footage shows a security guard putting Banko Brown in a headlock near the doorway at Walgreens at 825 Market St. in San Francisco. | Courtesy San Francisco District Attorney’s Office</figcaption></figure>

“Dammit, someone call 911,” the same witness said Anthony yelled after he shot Brown.&nbsp;

“Dammit, someone call 911,” the same witness said Anthony yelled after he shot Brown.&nbsp;

After Brown had been shot, a witness said they heard Brown say, “Sorry, man, that shouldn’t have happened. I was stupid.” It was unclear who Brown was addressing.&nbsp;

After Brown had been shot, a witness said they heard Brown say, “Sorry, man, that shouldn’t have happened. I was stupid.” It was unclear who Brown was addressing.&nbsp;

Almost as soon as he fired the fatal shot, Anthony put his gun back in its holster and approached Brown, said several witnesses. Anthony then tried to use gauze to staunch the bleeding before walking back into the store.&nbsp;

Almost as soon as he fired the fatal shot, Anthony put his gun back in its holster and approached Brown, said several witnesses. Anthony then tried to use gauze to staunch the bleeding before walking back into the store.&nbsp;

When police arrived at the scene, they took Anthony’s gun and detained him. “<a href="https://www.youtube.com/watch?v=J5itxS5Y66w">Anthony stated he thought he was potentially in a life-and-death situation</a> because Lasheabrown [the name used by police to identify Brown] had been aggressive, and Anthony did not know what Lasheabrown was going to do next,” the officer who detained Anthony said.

When police arrived at the scene, they took Anthony’s gun and detained him. “<a href="https://www.youtube.com/watch?v=J5itxS5Y66w">Anthony stated he thought he was potentially in a life-and-death situation</a> because Lasheabrown [the name used by police to identify Brown] had been aggressive, and Anthony did not know what Lasheabrown was going to do next,” the officer who detained Anthony said.

Walgreens killing: What witnesses to Banko Brown’s death saw and heard

The security guard who shot and killed Banko Brown in a San Francisco Walgreens in April in an alleged shoplifting incident did not renew his gun license, The Standard has learned.&nbsp;

The security guard who shot and killed Banko Brown in a San Francisco Walgreens in April in an alleged shoplifting incident did not renew his gun license, The Standard has learned.&nbsp;

<a href="https://sfstandard.com/2023/05/04/walgreens-shooting-guard-who-killed-banko-brown-gives-interview/">Michael Earl-Wayne Anthony’s</a> state license allowing him to carry a firearm as a security guard expired May 31, nearly a month after the fatal shooting of Brown on April 27, <a href="https://search.dca.ca.gov/profile/120/1201/1759325/G">according to the state’s licensing database</a>.&nbsp;

Exclusive: Security guard who killed Banko Brown at SF Walgreens speaks out

<a href="https://sfstandard.com/2023/05/04/walgreens-shooting-guard-who-killed-banko-brown-gives-interview/">Michael Earl-Wayne Anthony’s</a> state license allowing him to carry a firearm as a security guard expired May 31, nearly a month after the fatal shooting of Brown on April 27, <a href="https://search.dca.ca.gov/profile/120/1201/1759325/G">according to the state’s licensing database</a>.&nbsp;

When asked about the lapsed license, a lawyer for the Brown family, John Burris, characterized it as “a little late.”&nbsp;

When asked about the lapsed license, a lawyer for the Brown family, John Burris, characterized it as “a little late.”&nbsp;

“My feeling about this is that he should have never had a firearm on him in the first place,” Burris said. “Frankly, it should be taken from him.”&nbsp;

“My feeling about this is that he should have never had a firearm on him in the first place,” Burris said. “Frankly, it should be taken from him.”&nbsp;

Anthony, who remains a licensed security guard, did not respond to several requests for comment.&nbsp;

Anthony, who remains a licensed security guard, did not respond to several requests for comment.&nbsp;

A memorial for Banko Brown on the sidewalk and along a chain-link fence outside a Walgreens at 825 Market St. in San Francisco on Thursday, May 4, 2023. Banko Brown was shot and killed by an armed Walgreens security guard on April 27, 2023, following an incident between the two people. | RJ Mickelson/The Standard

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2023/05/banko_01-scaled.jpeg?w=2500" alt="" class="wp-image-157099"/><figcaption class="wp-element-caption">A memorial for Banko Brown outside a Walgreens in San Francisco on May 4, 2023. Brown was shot and killed by a Walgreens security guard on April 27, 2023. | RJ Mickelson/The Standard</figcaption></figure>

In an <a href="https://sfstandard.com/2023/05/04/walgreens-shooting-guard-who-killed-banko-brown-gives-interview/">exclusive interview with The Standard</a> the week after the fatal shooting, Anthony said that he was “still dealing with it, still don&#8217;t understand and don&#8217;t have the time to reflect,” adding that “it&#8217;s not like I go through this many times. This is a very life-changing matter.&#8221;

In an <a href="https://sfstandard.com/2023/05/04/walgreens-shooting-guard-who-killed-banko-brown-gives-interview/">exclusive interview with The Standard</a> the week after the fatal shooting, Anthony said that he was “still dealing with it, still don't understand and don't have the time to reflect,” adding that “it's not like I go through this many times. This is a very life-changing matter."

In an <a href="https://sfstandard.com/2023/05/04/walgreens-shooting-guard-who-killed-banko-brown-gives-interview/">exclusive interview with The Standard</a> the week after the fatal shooting, Anthony said that he was “still dealing with it, still don&#8217;t understand and don&#8217;t have the time to reflect,” adding that “it&#8217;s not like I go through this many times. This is a very life-changing matter.&#8221;

The killing of Brown after he allegedly tried to steal candy from Walgreens became a flashpoint in the debates over how San Francisco deals with crime, with <a href="https://sfstandard.com/criminal-justice/banko-brown-killing-outraged-speakers-demand-sf-supervisors-call-on-feds-and-state-to-review-killing/">politicians condemning the act as violent and unnecessary</a> and protests erupting over District Attorney <a href="https://sfstandard.com/criminal-justice/banko-brown-killing-what-role-did-his-past-run-ins-with-walgreens-security-play-in-das-decision-not-to-charge/">Brooke Jenkins’ decision not to file charges in the case</a>.

The killing of Brown after he allegedly tried to steal candy from Walgreens became a flashpoint in the debates over how San Francisco deals with crime, with <a href="https://sfstandard.com/criminal-justice/banko-brown-killing-outraged-speakers-demand-sf-supervisors-call-on-feds-and-state-to-review-killing/">politicians condemning the act as violent and unnecessary</a> and protests erupting over District Attorney <a href="https://sfstandard.com/criminal-justice/banko-brown-killing-what-role-did-his-past-run-ins-with-walgreens-security-play-in-das-decision-not-to-charge/">Brooke Jenkins’ decision not to file charges in the case</a>.

Anthony claimed Brown threatened to stab him as the pair fought inside the store. Anthony then shot Brown once after Brown exited the store. The DA said she did not file charges because Anthony acted in self-defense, a decision that was widely criticized after the <a href="https://sfstandard.com/criminal-justice/banko-brown-district-attorney-brooke-jenkins-video-deadly-shooting/">release of video of the shooting</a>.&nbsp;

Anthony claimed Brown threatened to stab him as the pair fought inside the store. Anthony then shot Brown once after Brown exited the store. The DA said she did not file charges because Anthony acted in self-defense, a decision that was widely criticized after the <a href="https://sfstandard.com/criminal-justice/banko-brown-district-attorney-brooke-jenkins-video-deadly-shooting/">release of video of the shooting</a>.&nbsp;

Anthony’s former employer, James Vierra, the CEO of Kingdom Group Protective Services, said it’s likely Anthony simply did not pay to renew his permit, noting that “Michael doesn&#8217;t work for us anymore.”&nbsp;

Anthony’s former employer, James Vierra, the CEO of Kingdom Group Protective Services, said it’s likely Anthony simply did not pay to renew his permit, noting that “Michael doesn't work for us anymore.”&nbsp;

Anthony’s former employer, James Vierra, the CEO of Kingdom Group Protective Services, said it’s likely Anthony simply did not pay to renew his permit, noting that “Michael doesn&#8217;t work for us anymore.”&nbsp;

In mid-May, Walgreens parted ways with Kingdom Group after first barring its guards from using weapons in the stores.&nbsp;

In mid-May, Walgreens parted ways with Kingdom Group after first barring its guards from using weapons in the stores.&nbsp;

The state agency that oversees security guards said any disciplinary actions related to the killing will be posted on Anthony’s licensing page.&nbsp;

The state agency that oversees security guards said any disciplinary actions related to the killing will be posted on Anthony’s licensing page.&nbsp;

Bureau of Security and Investigative Services spokesperson Peter Fournier said that Anthony’s firearm permit will automatically be canceled if he does not renew it 60 days after expiration. At that point, he must begin the licensing process from the beginning.&nbsp;

Bureau of Security and Investigative Services spokesperson Peter Fournier said that Anthony’s firearm permit will automatically be canceled if he does not renew it 60 days after expiration. At that point, he must begin the licensing process from the beginning.&nbsp;

<a href="https://sfstandard.com/2023/05/23/walgreens-killing-california-attorney-general-to-review-banko-brown-case/">State Attorney General Bob Bonta’s office opened</a> a review into the case in late May and has yet to make its findings public.&nbsp;

Walgreens killing: California attorney general to review Banko Brown case

<a href="https://sfstandard.com/2023/05/23/walgreens-killing-california-attorney-general-to-review-banko-brown-case/">State Attorney General Bob Bonta’s office opened</a> a review into the case in late May and has yet to make its findings public.&nbsp;

Burris filed a wrongful death suit in May against Walgreens, Anthony and the security firm.

Burris filed a wrongful death suit in May against Walgreens, Anthony and the security firm.

Walgreens security guard who killed Banko Brown lets gun license lapse

The Standard Staff

The family of 24-year-old Banko Brown, who was <a href="https://sfstandard.com/criminal-justice/walgreens-killing-heres-what-we-know-about-banko-browns-shooting-by-a-security-guard/">killed outside a Downtown San Francisco Walgreens</a> in late April, filed a wrongful death lawsuit against the security guard who shot him, the company who hired the guard and the drugstore chain, attorneys representing Brown&#8217;s family said Friday.

The family of 24-year-old Banko Brown, who was <a href="https://sfstandard.com/criminal-justice/walgreens-killing-heres-what-we-know-about-banko-browns-shooting-by-a-security-guard/">killed outside a Downtown San Francisco Walgreens</a> in late April, filed a wrongful death lawsuit against the security guard who shot him, the company who hired the guard and the drugstore chain, attorneys representing Brown's family said Friday.

The family of 24-year-old Banko Brown, who was <a href="https://sfstandard.com/criminal-justice/walgreens-killing-heres-what-we-know-about-banko-browns-shooting-by-a-security-guard/">killed outside a Downtown San Francisco Walgreens</a> in late April, filed a wrongful death lawsuit against the security guard who shot him, the company who hired the guard and the drugstore chain, attorneys representing Brown&#8217;s family said Friday.

Michael Earl-Wayne Anthony shot Brown after an altercation allegedly involving shoplifting. San Francisco District Attorney Brooke Jenkins&#8217; decision not to charge Anthony was decried by activists, politicians and members of the community, and the <a href="https://sfstandard.com/criminal-justice/walgreens-killing-california-attorney-general-to-review-banko-brown-case/">state attorney general&#8217;s office</a> is now reviewing the case.

Michael Earl-Wayne Anthony shot Brown after an altercation allegedly involving shoplifting. San Francisco District Attorney Brooke Jenkins' decision not to charge Anthony was decried by activists, politicians and members of the community, and the <a href="https://sfstandard.com/criminal-justice/walgreens-killing-california-attorney-general-to-review-banko-brown-case/">state attorney general's office</a> is now reviewing the case.

Michael Earl-Wayne Anthony shot Brown after an altercation allegedly involving shoplifting. San Francisco District Attorney Brooke Jenkins&#8217; decision not to charge Anthony was decried by activists, politicians and members of the community, and the <a href="https://sfstandard.com/criminal-justice/walgreens-killing-california-attorney-general-to-review-banko-brown-case/">state attorney general&#8217;s office</a> is now reviewing the case.

Civil rights attorney John Burris announced the family&#8217;s civil suit, which The Standard previously reported on, on Friday. The suit was filed Thursday evening. The family is seeking a minimum settlement of $25 million, Burris said at a press conference Friday afternoon.

Civil rights attorney John Burris announced the family's civil suit, which The Standard previously reported on, on Friday. The suit was filed Thursday evening. The family is seeking a minimum settlement of $25 million, Burris said at a press conference Friday afternoon.

Civil rights attorney John Burris announced the family&#8217;s civil suit, which The Standard previously reported on, on Friday. The suit was filed Thursday evening. The family is seeking a minimum settlement of $25 million, Burris said at a press conference Friday afternoon.

&#8220;Anthony was on edge, a powder keg waiting to explode,&#8221; Burris said in the statement. &#8220;Walgreens and Kingdom Protective Services ordered their security to be more aggressive, causing their unfit security guard to blow up and kill Banko over nothing.&#8221;

"Anthony was on edge, a powder keg waiting to explode," Burris said in the statement. "Walgreens and Kingdom Protective Services ordered their security to be more aggressive, causing their unfit security guard to blow up and kill Banko over nothing."

&#8220;Anthony was on edge, a powder keg waiting to explode,&#8221; Burris said in the statement. &#8220;Walgreens and Kingdom Protective Services ordered their security to be more aggressive, causing their unfit security guard to blow up and kill Banko over nothing.&#8221;

Attendees and organizers adorn a memorial for Banko Brown outside of a Downtown San Francisco Walgreens where a vigil was held for him on Monday, May 1, 2023. 24-year-old Brown was shot and killed  by an armed security guard at the 825 Market St. location of Walgreens on Thursday, April 27. | Morgan Ellis/The Standard

<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2023/05/BankoBrown05012023-9.jpg" alt="" class="wp-image-155765"/><figcaption class="wp-element-caption">Attendees and organizers adorn a memorial for Banko Brown outside of a Downtown San Francisco Walgreens where a vigil was held for him on May 1, 2023. | Morgan Ellis/The Standard</figcaption></figure>

Emotions ran high at Brown&#8217;s funeral Thursday, where <a href="https://sfstandard.com/criminal-justice/banko-brown-fight-breaks-out-at-funeral-for-man-shot-by-security-guard/">a fight broke out among family members</a> during a sermon decrying racism against Black people.

Emotions ran high at Brown's funeral Thursday, where <a href="https://sfstandard.com/criminal-justice/banko-brown-fight-breaks-out-at-funeral-for-man-shot-by-security-guard/">a fight broke out among family members</a> during a sermon decrying racism against Black people.

Emotions ran high at Brown&#8217;s funeral Thursday, where <a href="https://sfstandard.com/criminal-justice/banko-brown-fight-breaks-out-at-funeral-for-man-shot-by-security-guard/">a fight broke out among family members</a> during a sermon decrying racism against Black people.

It was not clear whether the family would name a sum they believed Walgreens, Kingdom Group Protective Services and Anthony should pay.

It was not clear whether the family would name a sum they believed Walgreens, Kingdom Group Protective Services and Anthony should pay.

Neither Walgreens nor Kingdom responded to emailed requests for comment as of publication.

Neither Walgreens nor Kingdom responded to emailed requests for comment as of publication.

The family’s civil suit comes after widespread outrage over the killing and the <a href="https://sfstandard.com/criminal-justice/banko-brown-district-attorney-brooke-jenkins-video-deadly-shooting/">release of surveillance footage that raised questions</a> about why Jenkins decided not to charge Anthony.

The family’s civil suit comes after widespread outrage over the killing and the <a href="https://sfstandard.com/criminal-justice/banko-brown-district-attorney-brooke-jenkins-video-deadly-shooting/">release of surveillance footage that raised questions</a> about why Jenkins decided not to charge Anthony.

While police booked Anthony on suspicion of murder, he was released after Jenkins declined to charge him, saying, “the suspect believed he was in mortal danger and acted in self-defense.”&nbsp;

While police booked Anthony on suspicion of murder, he was released after Jenkins declined to charge him, saying, “the suspect believed he was in mortal danger and acted in self-defense.”&nbsp;

Because the shooting occurred &#8220;during the course and scope of a robbery, the law presumes that it is reasonable for Anthony to be in fear of great bodily injury or death,” the district attorney’s office said. Brown had been attempting to steal about $14 worth of food items, attorneys for the Brown family acknowledged.&nbsp;

Because the shooting occurred "during the course and scope of a robbery, the law presumes that it is reasonable for Anthony to be in fear of great bodily injury or death,” the district attorney’s office said. Brown had been attempting to steal about $14 worth of food items, attorneys for the Brown family acknowledged.&nbsp;

Because the shooting occurred &#8220;during the course and scope of a robbery, the law presumes that it is reasonable for Anthony to be in fear of great bodily injury or death,” the district attorney’s office said. Brown had been attempting to steal about $14 worth of food items, attorneys for the Brown family acknowledged.&nbsp;

Anthony told police that at some point during their scuffle, Brown threatened to stab him. However, there is no audio in the security footage, and Brown was later found to be unarmed.&nbsp;&nbsp;

Anthony told police that at some point during their scuffle, Brown threatened to stab him. However, there is no audio in the security footage, and Brown was later found to be unarmed.&nbsp;&nbsp;

The Standard later revealed that the private security firm employing Anthony had <a href="https://sfstandard.com/criminal-justice/walgreens-killing-weeks-before-deadly-sf-shooting-guards-were-told-to-confront-thieves/">flip-flopped on its rules of engagement for guards</a>.

The Standard later revealed that the private security firm employing Anthony had <a href="https://sfstandard.com/criminal-justice/walgreens-killing-weeks-before-deadly-sf-shooting-guards-were-told-to-confront-thieves/">flip-flopped on its rules of engagement for guards</a>.

Kingdom Group Protective Services had told guards to confront shoplifters in the lead-up to the shooting before rescinding the order an hour after the incident. Then, less than a week after the fatal encounter, <a href="https://sfstandard.com/criminal-justice/sf-walgreens-security-guards-are-now-carrying-nonlethal-guns-are-they-legal/">guards were told not to bring guns to work</a>. Ultimately, <a href="https://sfstandard.com/criminal-justice/downtown-walgreens-killing-drugstore-chain-cuts-ties-with-security-firm-after-fatal-shooting-of-banko-brown/">Walgreens canceled its contract</a> with the firm.

Kingdom Group Protective Services had told guards to confront shoplifters in the lead-up to the shooting before rescinding the order an hour after the incident. Then, less than a week after the fatal encounter, <a href="https://sfstandard.com/criminal-justice/sf-walgreens-security-guards-are-now-carrying-nonlethal-guns-are-they-legal/">guards were told not to bring guns to work</a>. Ultimately, <a href="https://sfstandard.com/criminal-justice/downtown-walgreens-killing-drugstore-chain-cuts-ties-with-security-firm-after-fatal-shooting-of-banko-brown/">Walgreens canceled its contract</a> with the firm.

According to Burris, the lawsuit will allege that Walgreens&#8217; policy of hiring armed security guards was the wrong approach to address its theft problem.&nbsp;&nbsp;

According to Burris, the lawsuit will allege that Walgreens' policy of hiring armed security guards was the wrong approach to address its theft problem.&nbsp;&nbsp;

According to Burris, the lawsuit will allege that Walgreens&#8217; policy of hiring armed security guards was the wrong approach to address its theft problem.&nbsp;&nbsp;

Burris said he believes the changing instructions to guards contributed to their belief “that they could use deadly force whenever they saw fit.” He also described Anthony as “emotionally unsuited” for armed work.

Burris said he believes the changing instructions to guards contributed to their belief “that they could use deadly force whenever they saw fit.” He also described Anthony as “emotionally unsuited” for armed work.

Walgreens faces $25M lawsuit in fatal San Francisco shooting of Banko Brown

Michael Barba

San Francisco police cleared up some of the details surrounding the deadly shooting of a suspected shoplifter by a security guard outside a Walgreens in a case that spurred widespread outrage.

San Francisco police cleared up some of the details surrounding the deadly shooting of a suspected shoplifter by a security guard outside a Walgreens in a case that spurred widespread outrage.

Banko Brown, 24, was unarmed when the security guard shot and killed him outside the drugstore near Market and Fourth streets last Thursday, Police Chief Bill Scott told the Police Commission on Wednesday.

Banko Brown, 24, was unarmed when the security guard shot and killed him outside the drugstore near Market and Fourth streets last Thursday, Police Chief Bill Scott told the Police Commission on Wednesday.

An altercation broke out when the security guard, Michael Earl-Wayne Anthony, tried to stop Brown for shoplifting, the chief said. Anthony, 33, was still inside the store when Brown stepped outside and turned toward him. Brown then allegedly spit on the security guard and raised his arm toward him before Anthony drew his gun and fired, Scott said.

An altercation broke out when the security guard, Michael Earl-Wayne Anthony, tried to stop Brown for shoplifting, the chief said. Anthony, 33, was still inside the store when Brown stepped outside and turned toward him. Brown then allegedly spit on the security guard and raised his arm toward him before Anthony drew his gun and fired, Scott said.

The shooting and subsequent decision by District Attorney Brooke Jenkins not to charge Anthony with murder <a href="https://sfstandard.com/politics/sf-supervisors-question-shooting-charges-5-day-power-outage/">sparked outcry from Brown’s supporters</a>, who said Brown did not deserve to die for allegedly shoplifting. They viewed the killing of Brown, who was Black and transgender, as an extension of the challenges facing those communities in San Francisco.

The shooting and subsequent decision by District Attorney Brooke Jenkins not to charge Anthony with murder <a href="https://sfstandard.com/politics/sf-supervisors-question-shooting-charges-5-day-power-outage/">sparked outcry from Brown’s supporters</a>, who said Brown did not deserve to die for allegedly shoplifting. They viewed the killing of Brown, who was Black and transgender, as an extension of the challenges facing those communities in San Francisco.

<figure class="wp-block-video"><video autoplay controls loop muted poster="https://content.sfstandard.com/wp-content/uploads/2023/05/SFS_BOS-BANKO-BROWN.00_00_38_22.Still009.jpg" src="https://content.sfstandard.com/wp-content/uploads/2023/05/SFS_BOS-BANKO-BROWN_1.mp4" playsinline></video><figcaption class="wp-element-caption">Commenters at a Board of Supervisors meeting on Tuesday weighed in on District Attorney Brooke Jenkins' decision not to charge security guard Michael Earl-Wayne Anthony with murder.</figcaption></figure>

<figure class="wp-block-video"><video autoplay controls loop muted poster="https://content.sfstandard.com/wp-content/uploads/2023/05/SFS_BOS-BANKO-BROWN.00_00_38_22.Still009.jpg" src="https://content.sfstandard.com/wp-content/uploads/2023/05/SFS_BOS-BANKO-BROWN_1.mp4" playsinline></video><figcaption class="wp-element-caption">Commenters at a Board of Supervisors meeting on Tuesday weighed in on District Attorney Brooke Jenkins&#8217; decision not to charge security guard Michael Earl-Wayne Anthony with murder.</figcaption></figure>

Prominent Bay Area civil rights attorney John Burris said Brown’s family has hired him to represent them and potentially file a lawsuit over the killing. Burris said the shooting appeared to be wrongful and unlawful because Brown was unarmed and was not threatening.

Prominent Bay Area civil rights attorney John Burris said Brown’s family has hired him to represent them and potentially file a lawsuit over the killing. Burris said the shooting appeared to be wrongful and unlawful because Brown was unarmed and was not threatening.

“We are working to try to get as much information as we can,” Burris said.

“We are working to try to get as much information as we can,” Burris said.

Brown was a volunteer organizer at a nonprofit called the Young Women’s Freedom Center, which advocates for transgender youth and young women.&nbsp;

Brown was a volunteer organizer at a nonprofit called the Young Women’s Freedom Center, which advocates for transgender youth and young women.&nbsp;

Julia Arroyo, the co-executive director of the center, described Brown as a generous person who put the needs of others over his own. Arroyo said Brown was not a dangerous or aggressive person. He worked and went to school but still struggled to make ends meet and live in San Francisco.

Julia Arroyo, the co-executive director of the center, described Brown as a generous person who put the needs of others over his own. Arroyo said Brown was not a dangerous or aggressive person. He worked and went to school but still struggled to make ends meet and live in San Francisco.

“His last week of his life he said […] ‘I’m tired; I’m sleeping outside. I’m tired; I’m not myself right now,’” Arroyo said at a Board of Supervisors meeting Tuesday. “And still he brought people into the center.”

“His last week of his life he said […] ‘I’m tired; I’m sleeping outside. I’m tired; I’m not myself right now,’” Arroyo said at a Board of Supervisors meeting Tuesday. “And still he brought people into the center.”

<figure class="wp-block-video"><video autoplay controls loop muted poster="https://content.sfstandard.com/wp-content/uploads/2023/05/SFS_BOS-BANKO-BROWN.00_05_43_22.Still010.jpg" src="https://content.sfstandard.com/wp-content/uploads/2023/05/SFS_BOS-BANKO-BROWN_4_1.mp4" playsinline></video><figcaption class="wp-element-caption">Young Women’s Freedom Center Co-Executive Director Julia Arroyo details her relationship with Banko Brown at a Board of Supervisors meeting on Tuesday.</figcaption></figure>

The shooting is also putting police at odds with prosecutors.

The shooting is also putting police at odds with prosecutors.

While police booked Anthony on suspicion of murder last Friday, prosecutors soon after declined to charge him, and he was released.

While police booked Anthony on suspicion of murder last Friday, prosecutors soon after declined to charge him, and he was released.

Scott told The Standard last Friday that his department decided to arrest Anthony on suspicion of murder because security guards “have to use force appropriately within the law,” even if they have a firearms license.

Scott told The Standard last Friday that his department decided to arrest Anthony on suspicion of murder because security guards “have to use force appropriately within the law,” even if they have a firearms license.

“If that’s not the case, regardless of whether you are a security guard or police officer or not, you are subject to that,” Scott said.

“If that’s not the case, regardless of whether you are a security guard or police officer or not, you are subject to that,” Scott said.

However, Jenkins said Monday that she would not be able to prove a murder case against Anthony to a jury based on witness statements, statements from Anthony and video footage of the incident.

However, Jenkins said Monday that she would not be able to prove a murder case against Anthony to a jury based on witness statements, statements from Anthony and video footage of the incident.

“The evidence clearly shows that the suspect believed he was in mortal danger and acted in self-defense,” Jenkins said in a statement.

“The evidence clearly shows that the suspect believed he was in mortal danger and acted in self-defense,” Jenkins said in a statement.

Attendees light candles in honor of shooting victim Banko Brown outside the San Francisco Walgreens where he was shot. A vigil was held for him on Monday, May 1, 2023. | Morgan Ellis/The Standard

<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2023/05/BankoBrown05012023-17.jpg" alt="" class="wp-image-155768"/><figcaption class="wp-element-caption">Attendees light candles in honor of shooting victim Banko Brown outside the San Francisco Walgreens where he was slain. | Morgan Ellis/The Standard</figcaption></figure>

The Standard previously reported via an anonymous source that <a href="https://sfstandard.com/criminal-justice/walgreens-san-francisco-guard-released-from-jail/">Brown allegedly threatened to stab Anthony</a>.

The Standard previously reported via an anonymous source that <a href="https://sfstandard.com/criminal-justice/walgreens-san-francisco-guard-released-from-jail/">Brown allegedly threatened to stab Anthony</a>.

Jenkins is <a href="https://sfstandard.com/criminal-justice/san-francisco-supervisor-questions-da-on-walgreens-shooting/">under political pressure to reverse her decision</a>. Board of Supervisors President Aaron Peskin said he would ask his colleagues to pass legislation urging Jenkins to reconsider filing charges, saying that he believed the case could be tried at least as manslaughter if not murder.

Jenkins is <a href="https://sfstandard.com/criminal-justice/san-francisco-supervisor-questions-da-on-walgreens-shooting/">under political pressure to reverse her decision</a>. Board of Supervisors President Aaron Peskin said he would ask his colleagues to pass legislation urging Jenkins to reconsider filing charges, saying that he believed the case could be tried at least as manslaughter if not murder.

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