California AG investigates decision not to charge Walgreens security guard who shot transgender shoplifter

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CaliforniaAttorney General Rob Bonto to launch probe into decision not to charge Walgreens security guard who shot alleged transsexuals shoplifting.

An unarmed 24-year-old Banco Brown was fatally shot as he left a downtown San Francisco pharmacy on April 27.

Last week, District Attorney Brooke Jenkins’ office said it would not charge 33-year-old Michael Earl-Wayne Anthony with murder because the security guard was in “mortal danger” and “acted in self-defense.”

But AG Bonta’s office said Tuesday it will investigate whether the DA’s decision not to file charges was an “abuse of discretion” — a legal term that refers to officials acting outside their authority or based on bias or misinterpretation of the law.

“We can confirm that our office has agreed to review whether the San Francisco District Attorney’s decision not to file charges was an abuse of discretion,” Bonta’s office told CNN.

California Attorney General Rob Bonto Will Review San Francisco District Attorney’s Decision Not to Charge Walgreens Security Guard Who Shot Transgender Suspected Shoplifter

An unarmed 24-year-old Banco Brown was fatally shot as he left a downtown San Francisco pharmacy on April 27.

An unarmed 24-year-old Banco Brown was fatally shot as he left a downtown San Francisco pharmacy on April 27.

Prosecutor Brooke Jenkins said she would not charge 33-year-old Michael Earl-Wayne Anthony with murder because the security guard was in

Prosecutor Brooke Jenkins said she would not charge 33-year-old Michael Earl-Wayne Anthony with murder because the security guard was in “mortal danger.” Brown is pictured

John Burris, an attorney for the Brown family, demanded an investigation into the DA’s decision in a letter sent to the AG’s office last week.

“Yesterday, we received word that they would be taking action,” Brown said in a statement Wednesday.

“That doesn’t mean they’re going to prosecute, but they will if they conclude that the prosecutor’s decision was an abuse of discretion. In essence, the failure to prosecute was contrary to the evidence.’

The lawyer added that Brown’s parents were “satisfied with the AG’s decision.”

The prosecutor’s office responded to news of the investigation on Tuesday, saying it welcomed it and would assist and cooperate as needed.

Graphic surveillance footage released Monday shows Brown holding a bag as he walks toward the store’s exit. Anthony is then seen stepping into Brown’s path and confronting him about the alleged shoplifting.

Anthony is able to pin Brown to the ground, but then lets go and Brown walks out of the store, still clutching his bag.

More words were exchanged, and then Brown appeared to move forward a little with his arms outstretched, then back away, just as Anthony fired at him.

Brown falls to the sidewalk outside the store, and a crowd gathers around him. He was rushed to a nearby hospital, where he later died.

In a report released Monday, prosecutors cited “insufficient evidence” that his actions amounted to a charge of murder or manslaughter. Instead, evidence showed Anthony was “genuinely afraid,” prosecutors said.

Graphic surveillance footage released last week shows Brown holding a bag as he walks toward the store's exit

Graphic surveillance footage released last week shows Brown holding a bag as he walks toward the store’s exit

His death sparked outrage throughout the Bay Area, but despite calls to charge Anthony, District Attorney Brooke Jenkins' office said Monday that they would not file charges.

His death sparked outrage throughout the Bay Area, but despite ​​many calls to charge Anthony, District Attorney Brooke Jenkins’ office said Monday that they will not file charges

Flowers and candles were left in memory of Banquo

Flowers and candles were left in memory of Banquo

“All of this evidence strongly suggests that Anthony’s shooting of Brown in self-defense was objectively reasonable,” the report said.

The report also notes that Anthony claimed Brown repeatedly threatened him with a knife. However, investigators reportedly did not find a knife at the scene or on Brown.

“All of this evidence strongly suggests that Anthony’s shooting of Brown in self-defense was objectively reasonable,” the office’s report said.

The report also notes that Anthony claimed Brown repeatedly threatened him with a knife. However, according to the report, investigators did not find a knife at the scene or on Brown, but prosecutors still determined that Anthony’s fear was reasonable.

“While I understand as a resident, you would say, ‘Well, just let the jury decide,'” DA Jenkins said. “That’s not the standard for charging that we have to believe in at the time we’re bringing a case that’s going to be convicted jury of 12, rather than let’s just indict and see what happens.’

Protests erupted after the decision not to press charges against Anthony. At last Tuesday’s San Francisco Board of Supervisors meeting, activists held signs reading “Justice for Bank Brown.”

One protester, who identified herself as Leah McGeever screamed the death of Brown, who was homeless and an intern at the Young Women’s Freedom Center.

She said: “I hate a lot of people on this board for the reasons that led to Bank Brown’s death.

Talking to San Francisco StandardAnthony said:[I’m] still dealing with it, still don’t understand and don’t have time to think.

“It’s not like I’ve been through it many times. This is a very important matter.”

Anthony drew attention to the pressure security guards are under during such confrontations, saying: “It’s important that more people know about it,” he said. It happened too often.

“It’s a lot of work. It’s a lot of pressure. A person can only take so much. If you’re limited to certain options, something will happen.”

“Who’s got my back? No one. You are left without support. It’s a terrible feeling when there are a lot of people around you.”

Since then, many local residents have left flowers and candles in memory of Brown.

In a social media post, the Young Women’s Freedom Center wrote: “Our community is coming together strongly in the face of tragedy.

“In times like these, we stand up for each other and fight for our loved ones, especially our brothers and sisters who are taken from us too soon.

“Thank you to every voice that spoke, every foot that marched, and every fist raised in solidarity.”

The incident comes after a number of major networks announced they would formwork shops in san francisco due to the rise in crime.

Retailers including Nordstrom, Whole Foods, Office Depot and Anthropologie have said they plan to leave the city.

Nordstrom store director Jamie Nordstrom blamed the state of San Francisco in recent years for reducing foot traffic “and our ability to operate successfully.”

The rest of the stores, like Target, are were reduced to blocking their entire supply behind glass to deter thieves.

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