Two weeks ago, San Francisco DA Brooke Jenkins announced that she would not bring charges against a Walgreens security guard who had shot a homeless trans man named Banko Brown who’d been shoplifting in the store. However, there was a backlash from Brown’s family and activists which led DA Jenkins to say she would reconsider her decision.

Today, Jenkins announced for the second time that she will not be charting security guard Michael Earl-Wayne Anthony with anything. This came as Jenkins’ office also released security video from the store and other documents including a 25-page report on her decision to not seek charges.

In a report published Monday, Jenkins laid out her decision declining to file charges against Michael Earl-Wayne Anthony for killing Brown, an incident that quickly escalated after Anthony intercepted Brown in the store’s entryway.

More than half of the report is a moment-by-moment description of what can be seen in the security video. It begins with Brown turning the confrontation physical as he tried to exit the store.

As Brown approaches the exit, Anthony appears to reach his hand out, with his palm facing upward, as if to ask for something. Anthony keeps his arm outstretched with his hand open as Brown continues to walk directly toward Anthony…

Anthony stands by the exit of Walgreens with his outstretched hand until Brown initiates physical contact with Anthony by continuing forward and shoving Anthony.

The fight continues, first upright and then with Anthony lying on top of Brown. After about 15 seconds on the ground, Anthony lets him up and draws out his gun but keeps it pointed toward the ground. Brown grabs his bag and heads for the exit.

As Brown approached the exit, Brown turned back towards Anthony. While Anthony and Brown are facing each other, Anthony is seen holding a firearm in his right hand still pointed towards the ground. As Brown was walking out of the store, Brown suddenly turns toward Anthony and moves as if to lunge at him…

Within about one second of Brown turning back and making this lunging motion, Anthony raises his firearm and shoots Brown one time in the chest.

Here’s the video:

#BreakingNews The San Francisco District Attorney’s office has released the Walgreens Security Camera Video of the fatal shooting of Banko Brown by a security guard. pic.twitter.com/eBnBXnZJhx

— Sergio Quintana (@svqjournalist) May 15, 2023

The legal analysis of the video states:

First, the evidence shows that Brown transformed a simple theft into a robbery when he used physical force to take property without paying. As seen in the surveillance video, Anthony is standing at the exit of Walgreens with his arm clearly outstretched, consistent with asking for items back. Brown then continues to walk directly at Anthony and shoves Anthony…

While on the ground, Brown threatened to stab Anthony, which caused Anthony to be in fear. No evidence disproves the threats or the fear reported by Anthony. A witness heard Brown “cussing out” Anthony and Anthony telling Brown to calm down. Anthony keeps a hand on Brown until able to step away and create distance. Anthony pulled out his weapon but kept it pointed down, continuously watching Brown…

The robbery is still in progress when Brown moves toward the exit and even when he steps outside because Brown has not reached a place of safety that would terminate the robbery. It is in the context of a legal robbery when Brown turns back toward Anthony in what a witness described as a lunge…

The robbery is still in progress when Brown moves toward the exit and even when he steps outside because Brown has not reached a place of safety that would terminate the robbery. It is in the context of a legal robbery when Brown turns back toward Anthony in what a witness described as a lunge.

Brown may have made threats to stab Anthony but he didn’t have a knife on him. Unfortunately, Anthony didn’t know that at the time and acted in the belief that Brown might be able to follow through on those threats. I definitely see the moment where brown faces up and lunges toward Anthony. However, as soon as the gun comes up, Brown is backpedaling. It looks to me like that was only a fraction of a second before the shot.

I doubt this second decision by the DA will satisfy the protesters who demanded it after her initial decision, but I think this one is final. We’ll have to see if the protesters decide to escalate or if they agree it would be hard to make a case this wasn’t self-defense stick in court.

Finally, here’s a local news report which also includes an edited version of the video. The full, unedited security video is here.