A safety guard at a Walgreens in San Francisco is not going to be charged with homicide after he fatally shot a person who was accused of shoplifting, the district lawyer stated this week.
In a press release on Monday, the district lawyer, Brooke Jenkins, stated that prosecutors couldn’t show past an inexpensive doubt to a jury that the guard was responsible of a criminal offense after they reviewed statements from witnesses and the guard, together with video footage of the April 27 episode at a retailer on Market Street.
“The evidence clearly shows that the suspect believed he was in mortal danger and acted in self-defense,” Ms. Jenkins stated within the assertion, referring to the personal safety guard, who was recognized by the San Francisco Police Department as Michael Earl-Wayne Anthony, 33.
Although Ms. Jenkins known as the killing of the person, Banko Brown, a “tragedy,” she stated: “We cannot bring forward charges when there is credible evidence of reasonable self-defense. Doing so would be unethical and create false hope for a successful prosecution.”
The resolution by the prosecutor to not convey expenses infuriated activists and buddies who knew Mr. Brown, whom they recognized as a Black trans man who had struggled with homelessness.
In a press release final week, the Police Department stated that officers had responded to a report of a taking pictures at a Walgreens at 6:33 p.m. on April 27 and had discovered a sufferer, later recognized as Mr. Brown, with a gunshot wound.
Officers rendered assist and summoned medics. Mr. Brown was taken to a close-by hospital, the place he died, the police stated.
In the assertion, the police stated that that they had arrested Mr. Anthony and had booked him into jail on a cost of murder.
A preliminary investigation revealed that “during this incident a theft occurred,” the police assertion stated.
The statements from the police and the district lawyer’s workplace didn’t embrace additional particulars in regards to the taking pictures.
The prosecutor’s workplace didn’t instantly reply to questions on Wednesday about what had occurred through the encounter or how far Mr. Anthony was from Mr. Brown when he was shot. “We’re not releasing the video as it is part of the evidence that was gathered and although charges have not been filed at this time, this remains an active and ongoing investigation,” the workplace stated in a press release.
In an interview with a CBS affiliate within the Bay Area, Ms. Jenkins stated: “This was a shoplifting that, really, based on the facts, turned into and escalated into a robbery, and the armed security guard did, ultimately, end up using lethal force.”
A person who answered the cellphone at a quantity that was listed beneath Mr. Anthony’s identify declined to remark.
Ms. Jenkins introduced the choice on the identical day that demonstrators gathered exterior the Walgreens the place Mr. Brown was shot to demand justice.
In an interview on Wednesday, Xavier Davenport, 35, a Black trans man who had mentored Mr. Brown since 2000, criticized the district lawyer’s resolution.
“I’m outraged because this is a prime example of how policing gone wrong is OK in Black and brown communities because our lives don’t matter as much,” stated Mr. Davenport, who met Mr. Brown by way of the Young Women’s Freedom Center, a corporation that helps younger girls and trans youth.
Mr. Brown was quiet and good and “seemed eager to want to be better and have a better life,” Mr. Davenport stated. Mr. Brown would ask Mr. Davenport about relationships and activism and had participated in Zoom conferences that Mr. Davenport helped to arrange for Black and brown trans males.
Aaron Peskin, the president of the San Francisco board of supervisors, stated in an interview on Wednesday that he was urging Ms. Jenkins to rethink her resolution to not cost the guard. He additionally urged her to launch video footage of the encounter.
“I would like to see the video,” he stated. “I think we should all see the video.”
The district lawyer’s resolution got here as many in San Francisco have expressed issues about violent crime and homelessness.
More than 7,700 individuals had been homeless in San Francisco, and greater than 3,300 of them had been staying in shelters, in line with the town’s newest official rely, performed in 2022.
The metropolis recorded 17 homicides from Jan. 1 to April 30, in contrast with 15 through the interval final 12 months in line with the San Francisco Police Department. Robberies have risen 11.5 p.c, however burglaries have fallen 10 p.c, the info reveals.
In 2021, Walgreens closed 5 shops in San Francisco due to what it known as “organized” shoplifting within the metropolis. Last month, Whole Foods closed a flagship retailer there, citing security issues for its staff.
In a press release on Wednesday, Walgreens stated it was providing “condolences to the victim’s family during this difficult time.”
“The safety of our patients, customers and team members is our top priority, and violence of any kind will not be tolerated in our stores,” the assertion stated. “We take this matter seriously and are cooperating with local authorities.”
The Young Women’s Freedom Center stated in a press release that Mr. Brown was often called a neighborhood organizer who had joined activists in calling for extra shelter and different companies for individuals in San Francisco.
“We are beyond devastated by Banko’s passing,” Julia Arroyo, the co-executive director of the middle, stated within the assertion. “He was a smart and funny young man who, though shy, made friends easily. He was resilient and tenacious and loved by our whole community.”
Alain Delaquérière contributed analysis.
Source: www.nytimes.com