San Francisco District Attorney Brooke Jenkins asks for patience in Banko Brown investigation
SAN FRANCISCO -- District Attorney Brooke Jenkins asked the public for patience Monday as her office conducts its investigation into the slaying of Banko Brown, who was fatally shot by a Walgreens private security guard on April 27.
UPDATE: San Francisco District Attorney's Office releases surveillance video in Banko Brown shooting
Supporters, friends and activists marched from the Walgreens where Brown, an unhoused Black transgender man, was shot while stealing $15 worth of candy to San Francisco City Hall on Sunday.
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The crowd chanted Brown's name along with "Black Lives Matter" and "release the tapes," calling on Jenkins to release surveillance video of the encounter between Brown and an armed security guard who tried to stop him for shoplifting.
But on Monday in a lengthy statement, Jenkins explained why she simply can't release any evidence in the case at this time.
"Banko Brown's killing was a tragedy that has deeply impacted our city and our diverse communities," she said acknowledging the demands. " My heart goes out to Banko's family and friends. There is no issue I take more seriously than when there is a life lost in our city."
"The investigation into the killing of Banko Brown is ongoing. I hear and understand the concerns from people calling for transparency, but releasing any evidence before the investigation is complete could compromise the investigation and is unethical."
She also said she refuses to try the case in the media.
"If a final decision to charge the suspect is made, this case will be prosecuted in the courtroom, not in the press or on social media," she wrote. "All evidence will be presented in the courts."
"If a final decision is made to not charge in this case," Jenkins continued. "My office will publicly release a comprehensive report that provides a full accounting of the evidence reviewed and how the decision was made because I understand the public's need for a higher degree of transparency in this case."
Police arrested the guard, 33-year-old Michael Earl-Wayne Anthony, following the shooting on Market and Fourth streets. Jenkins said that the security guard used lethal force, firing a single shot from his firearm that ultimately killed Brown.
"Last week, I announced that charges were not being filed as careful review of all of the evidence gathered at that point did not meet the prosecution's burden to prove beyond a reasonable doubt that the suspect in the case was guilty of a crime," Jenkins wrote.
The law required Anthony to be charged within 72 hours off arrest.
"Although the investigation was ongoing, we had to make a charging decision by 4:00 p.m. on May 1st because the suspect was being held in custody," Jenkins explained. "By law, a suspect that is in custody must be charged within 72 hours and can not be held indefinitely as that would violate due process. At that time, we discharged the case, and asked the San Francisco Police Department to gather more evidence before making a final decision."
"I have asked SFPD investigators to locate and interview additional witnesses and gather additional evidence. A final charging decision will be made when the investigation is complete," she added.
She said releasing any evidence while investigation is ongoing would compromise the case.
"While I understand the public's desire to view certain evidence, releasing video, or any other evidence at this time could compromise the investigation," she wrote. "Further, videos are not the only pieces of evidence that my office reviewed in making the initial decision to discharge the case. We reviewed witness statements as well as statements from the suspect, which also can not be released at this time as the investigation is still ongoing."
Jenkins also cautioned about decisions reached after only viewing one piece of evidence.
"Looking at one piece of evidence alone in a vacuum, without consideration of all of the evidence available, is irresponsible, unethical, and antithetical to how we must carry out our legal responsibilities as prosecutors," she wrote.