As it was previously reported, the San Francisco security guard who shot and killed a suspected shoplifter at a Walgreens last month will not face criminal charges. The district attorney’s office announced the update earlier this week, saying the shooter acted in self-defense.
On April 27, Banko Brown was fatally shot by guard Michael Anthony. He claimed in a report that Brown had repeatedly threatened to stab him prior to the shooting. Although police did not find a knife in Brown’s possession, prosecutors still determined his fear was reasonable. “Given the totality of the circumstances, including the threat that Anthony believed, and could reasonably believe, the evidence shows that Brown’s shooting was not a criminal act because Anthony acted in lawful self-defense,” the report states. “Thus, Anthony is not criminally liable for the death of Brown.”
John Burris, attorney for Banko Brown’s family, who famously repped Tupac and Rodney King in civil suits against police, spoke with TMZ and said Michael Earl-Wayne Anthony should be facing murder charges or at least, manslaughter. The family believes his actions were not justified and wants him to be charged with something… so he can get some level of accountability.
Burris, also previously spoke with CNN’s Sara Sidner and said that the guard’s actions were “way beyond what was reasonable and necessary.”
“Stopping someone and talking to them is different than stopping them and beating them up and ultimately killing them,” Burris said on Tuesday.
More On The Horrific Video
The unsettling footage captures the moment the guard tackles and punches Banko Brown, 24, before fatally shooting him as he exited the store. The footage, released by the San Francisco district attorney’s Office and published by the San Francisco Chronicle, was taken from a distance inside the store and doesn’t have sound.
RELATED: San Francisco Walgreens Security Officer Shoots And Kills Alleged Shoplifter Over $14
Brown can be seen walking to the exit with a bag in his hand, and the guard, Anthony, trying to block him from leaving before pushing and shoving him. Anthony then appears to sock Brown’s head multiple times, before knocking him down to the ground. Following a tussle, the guard at one point lifts Brown into the air before bringing him back to the ground and then lying on top of him.
As Brown attempts to get up and walks backward out of the store, appearing to say something to the guard, Anthony fires a single shot into Brown’s chest, which ultimately killed him.
Burris said he will plan to move forward with filing a lawsuit in the case very soon, telling CNN, “I’ve seen the tape and looked it over pretty closely and I believe this shooting death was unjustified. The family is very disturbed that no prosecution has taken place, particularly the father and the mother, and they would like the matter to be sent to the attorney general’s office for review.”
What Has Walgreens Said Since The Incident?
So far, Walgreens has issued a statement offering its condolences to Brown’s family.
“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 company said. “We take this matter seriously and are cooperating with local authorities.”
The downtown SF Walgreens is currently shut down following protests. Ultimately, the family is hoping it will reconsider having armed security guards, something they believe is not even needed.