The private security guard accused of fatally shooting 24-year-old Banko Brown will not be charged with murder.
Brown was shot in front of Walgreens on the 800 block of Market Street just after 6:30 p.m. on April 27. Michael Earl-Wayne Anthony, 38, was arrested as the primary suspect.
But, according to San Francisco Attorney Brooke Jenkins, they will not pursue murder charges because Anthony is believed to have acted in self-defense.
Before deciding, the DA reviewed all witness statements, suspect statements, and video footage.
“The evidence clearly shows that the suspect believed he was in mortal danger and acted in self-defense,” Jenkins said. “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.”
Brown’s mother Kevinisha Henderson said that investigators believe the incident began when Banks shoplifted from Walgreens, resulting in the alleged shooting.
“When they watched the video, there was absolutely no reason for him to do what he did,” Henderson said. “I don’t understand why a Walgreens security guard would have a gun.”
Anthony has been released from jail and did not have to post bail due to there being no charges.
Read the full statement from Jenkins below:
“The killing of Mr. Banko Brown on April 27, 2023 was a tragedy and my heart breaks for his friends and family.
After careful review of all of the evidence gathered by the San Francisco Police Department in this case, my office will not be pursuing murder charges, at this time, in connection to the shooting. We reviewed witness statements, statements from the suspect, and video footage of the incident and it does not meet the People’s burden to be able to prove beyond a reasonable doubt to a jury that the suspect is guilty of a crime. The evidence clearly shows that the suspect believed he was in mortal danger and acted in self-defense.
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.
No matter the case, however, we must follow the law and the evidence, wherever it leads. We never make decisions based on emotions or what may be politically expedient.”