Courtesy of Attorney John Barris
Banco Brown was shot dead by a security guard at a Walgreens store in San Francisco on April 27.
CNN
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The California Attorney General’s Office announced Tuesday that it will reconsider its decision not to indict a security guard in the shooting of a suspected shoplifter at a Walgreens store in downtown San Francisco last month.
The review comes after the San Francisco District Attorney’s Office announced last week that security guard Michael Anthony would not face criminal charges in self-defense when he shot Banko Brown on April 27.
The Brown family’s attorney, John Barris, previously said the guards’ actions “far exceeded anything reasonable and necessary” and sent a letter to the Attorney General’s Office last week requesting an investigation.
The California Attorney General’s Office told CNN in a statement, “We can confirm that the firm agreed to consider whether the San Francisco District Attorney’s decision not to press charges was an abuse of discretion.”
Amid a major debate over criminal justice in Northern California, the dismissal of the murder and charges sparked protests in San Francisco as demonstrators marched for justice for Brown.
Brown repeatedly threatened to stab a security guard before the shooting, according to a written report released last week by the district attorney’s office. Police did not find the knife in Brown’s possession, but prosecutors still determined that Brown’s fears were reasonable, according to the report.
“Given the totality of the circumstances, including the threats that Anthony believed and could reasonably have believed, the evidence indicates that the shooting of Brown was not a criminal act because Anthony acted in legal self-defense. There are,” the report said. “Thus, Anthony is not criminally responsible for Brown’s death.”
Surveillance video from the incident showed Brown being stopped by security as he tried to exit the store, which police identified as Anthony. Video then shows Brown shoving a security guard and escalating into a physical altercation.
According to the video, Mr Brown was pinned to the ground by security, but was released after about a minute. According to the video, Mr. Brown began to walk away, but then turned and moved towards security, who appeared to shoot him.
Police say Brown repeatedly threatened to stab Anthony during the fight.
“I felt like I was in danger. I felt like I was going to be stabbed,” he said.
The district attorney’s report points out that self-defense applies when you reasonably believe you are in imminent danger of being killed or suffering serious bodily harm. “There is no evidence to deny that Anthony’s fears were honest,” the report said.
San Francisco District Attorney Brooke Jenkins welcomed the attorney general’s reconsideration and told CNN in a statement Tuesday that he “will support and cooperate as needed.”
“I listened to the public’s concerns and released a comprehensive analysis and report that included investigative transcripts, witness statements, and video evidence so that the public could see all the facts and details and see what Now I can understand how the decisions were made.” We provided the highest possible degree of transparency in this matter,” she said.
Mr. Barris said his clients believed it warranted a review by another prosecutor and was happy with the decision.
Bliss said there was no timeline for when the investigation would be completed.