By Marisol Franco
SAN FRANCISCO, CA – San Francisco District Attorney Brooke Jenkins has released an update on the open investigation into the killing of alleged shoplifter Banko Brown by a security guard, noting it was “ongoing” and explaining why there has been little transparency—but Jenkins’ critics still are not happy.
Jenkins said, in a statement, “Banko Brown’s killing was a tragedy that has deeply impacted our city and our diverse communities. My heart goes out to Banko’s family and friends. There is no issue I take more seriously than when there is a life lost in our city.”
Jenkins added, “The investigation into the killing of Banko Brown is ongoing. I hear and understand the concerns from people calling for transparency, but releasing any evidence before the investigation is complete could compromise the investigation and is unethical.”
But KTVU reported San Francisco Supervisor Shamann Walton described Jenkins’ handling of the April 27 killing of Banko Brown by a Walgreens security guard a “contradiction” after the DA’s decision to not charge the security guard, Michael Earl-Wayne Anthony, 33, following his “self-defense” argument.
“This appears to be a contradiction,” Walton said in a statement Tuesday, adding that he hopes that Jenkins’ “subsequent change of mind on May 8 does not compromise the prosecutorial integrity of the case,” according to a Fox KTVU story.
KTVU reported more than 100 activists rallied at the Walgreens on Market Street in San Francisco Monday afternoon at the spot where 24-year-old Brown was shot.
Walton sent a letter to Jenkins, asking for her office to “publicly release video footage showing the circumstances around Brown’s killing” and reconsider her decision not to charge the case, said KTVU.
Jenkins responded to Walton in a “sharply worded” letter, warning him not to intervene in the investigation, according to the San Francisco Chronicle, calling Walton’s request, “wholly inappropriate and dangerous to the interests of justice and a fair criminal justice system for all people.”
However, according to news reports, Walton said, “I disagree with the District Attorney’s opinions and have been informed by our Deputy City Attorney that my request has no interference with the investigation and it is not at all unethical.”
Said Jenkins, “If a final decision to charge the suspect is made, this case will be prosecuted in the courtroom, not in the press or on social media. All evidence will be presented in the courts. If a final decision is made to not charge in this case, my office will publicly release a comprehensive report that provides a full accounting of the evidence reviewed and how the decision was made because I understand the public’s need for a higher degree of transparency in this case.”
Jenkins added, “Last week, I announced that charges were not being filed as careful review of all of the evidence gathered at that point did not meet the prosecution’s burden to prove beyond a reasonable doubt that the suspect in the case was guilty of a crime. Although the investigation was ongoing, we had to make a charging decision by 4 p.m. on May 1 because the suspect was being held in custody.
The DA then noted, “By law, a suspect that is in custody must be charged within 72 hours and cannot be held indefinitely as that would violate due process. At that time, we discharged the case, and asked the San Francisco Police Department to gather more evidence before making a final decision.”
KTVU said CA State Senator Scott Wiener (D-SF) called for any evidence concerning Brown’s death, including any video and witness statements, to be released to the public.
And, SF Supervisor Dean Preston this week introduced legislation that would limit the ability for security guards to use guns in San Francisco, added KTVU, noting “Preston wants to amend the Police Code so security guards are prohibited from unholstering their weapons unless there is an “actual and specific threat to a person.”
“While there remain many questions and uncertainties around the murder of Banko Brown, I believe we can all agree that under no circumstances is property worth more than human life. No property, let alone less than $20 worth of candy, is worth more than a human life — whether that person is homeless or not,” said Preston, per KTVU’s reporting.
“I have asked SFPD investigators to locate and interview additional witnesses and gather additional evidence. A final charging decision will be made when the investigation is complete,” reports Jenkins.
“While I understand the public’s desire to view certain evidence, releasing video, or any other evidence at this time could compromise the investigation. Given this investigation is still open, the footage and other evidence in this case is protected by Section 7923.600 of the California Government Code.
“Further, videos are not the only pieces of evidence that my office reviewed in making the initial decision to discharge the case. We reviewed witness statements as well as statements from the suspect, which also cannot be released at this time as the investigation is still ongoing.”
Jenkins argued, “In every case, my office reviews all of the evidence available and makes charging decisions accordingly. Looking at one piece of evidence alone in a vacuum, without consideration of all of the evidence available, is irresponsible, unethical, and antithetical to how we must carry out our legal responsibilities as prosecutors.
“In order to accurately assess the strength of our position and whether we have enough evidence to meet our burden, we look at all of the evidence, in every single case. It is my duty to follow the law and the evidence wherever it leads, and do everything in our power to advance justice and healing in our communities.”
