SF security guard not charged in fatal shooting, D.A. says evidence shows it was self-defense
DA explains why security guard was not charged in deadly shooting
A Walgreen's security guard will not be charged for the fatal shooting of a 24-year-old because the shooting victim had allegedly threatened the guard while shoplifting, San Francisco District Attorney Brooke Jenkins tells KTVU. Although there was no visible evidence that the 24-year-old had a weapon, the guard had a strong self-defense argument, Jenkins said.
San Francisco - The private security guard, who shot and killed a suspected shoplifter at a Walgreens store in downtown San Francisco, won't be charged with murder, because he can make a strong argument of self-defense, District Attorney Brooke Jenkins said Tuesday.
The guard, Michael Earl-Wayne Anthony, 33, was released from San Francisco County Jail yesterday. He was initially booked by San Francisco police on suspicion of murder in the shooting death of Banko Brown, 24.
"Ultimately, the security guard fired his firearm in what he articulated was based on reasons of self-defense," Jenkins told KTVU.
Statements by witnesses and video footage supported the guard's version, Jenkins said.
Jenkins said Brown's killing was a tragedy. But she said evidence shows it was Brown who threatened the guard.
"There was physical violence that was used in order to proceed with taking the property as well as threats of extreme violence," Jenkins said.
The district attorney declined to elaborate. But sources told KTVU that although no weapon was displayed, Brown threatened to stab the guard.
Jenkins said pursuing murder charges against the guard would be unethical and create false hope for a successful prosecution.
"In this situation, we had a shoplifting incident that really escalated into an altercation that under the law qualifies as a robbery," Jenkins said.
Julia Arroyo, co-executive director of the Young Women's Freedom Center in San Francisco, where Brown was a community organizer said, "First of all, we want to see the tapes. We want to see the proof."
The D.A.'s office did not disclose plans to release the video.
Arroyo added, "Even if somebody felt their life was in danger, why in the chest? Why? Why would it be in somewhere that it would be so lethal?"
District 5 supervisor Dean Preston thanked community members who condemned Brown's killing at Tuesday's Board of Supervisors meeting during public comment. "They are right. None of this makes sense," he wrote. "The District Attorney should release the video tape without further delay."
KTVU legal analyst Michael Cardoza said, "The security guard in this case felt his life was in danger, and he took what he thought was appropriate action."
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Cardoza said businesses like Walgreens hire guards because of rampant theft.
"It's a lot more than 'only a petty theft,' because that's one petty theft on top of another on top of another until the businesses leave the area," Cardoza said.
At least five Walgreens stores have closed in San Francisco in part because of theft, according to Supervisor Ahsha Safai.
Henry Lee is a KTVU crime reporter. E-mail Henry at Henry.Lee@fox.com and follow him on Twitter @henrykleeKTVU and facebook.com/henrykleefan