The security guard who shot and killed Banko Brown, a 24-year-old transgender man suspected of shoplifting at a Walgreens in San Francisco, won't face charges.
On Monday (May 15), the San Francisco DA's office released surveillance video of the moments surrounding Brown's death amid their decision to not pursue charges, per CNN.
“Based on the criminal investigation, review of evidence, and evaluation of the case, we have determined that there is insufficient evidence to support the filing of criminal charges against the suspect in the Banko Brown death investigation,” the DA's office said in a statement.
Surveillance video shows Brown attempting to leave the store on April 27 before being stopped by security guard Michael Anthony. Brown shoved the security, which led to a physical altercation. The guard held Brown on the ground for about a minute before releasing him. As Brown began to leave the store again, he appeared to turn around and move toward the guard, which is when he was fatally shot, video shows.
“And I didn’t know what she [he] was planning on doing, but, uh … turns out her [his] intention was to … try to spit at me and by that reaction by her [him] turning around and advancing towards me … that’s when I lifted it (motions with hands) and then shot once,” Anthony told police, using incorrect pronouns for Brown.
John Burris, an attorney for Brown’s family, said he plans to file a lawsuit soon.
“I’ve seen the tape and looked it over pretty closely and I believe this shooting death was unjustified,” he told CNN. “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.”
Watch the video here.
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