Tonight’s five-and-a half-hour Board of Supervisors meeting ended in a unanimous vote in favor of Board President Aaron Peskin’s resolution urging the District Attorney’s office to release video evidence of Banko Brown’s April 27 killing by a Walgreens security guard.
This evidence has, thus far, been withheld by District Attorney Brooke Jenkins, citing Administrative Code 7923.600, which states that disclosure of investigations and information is “not required.”
This code does not, however, mean she is required to withhold the evidence, and tonight’s 11-0 vote included even the DA’s ideological allies and supporters.
District 2 Supervisor Catherine Stefani, the first elected official to support the recall of ousted DA Chesa Boudin, looked directly at the Brown family, seated in the first row, and extended her condolences through tears. She said that in her district, Black and brown residents face racial profiling at alarming rates. In 2021, Stefani herself suggested the Board reconsider the city codes that allow security guards to carry and draw guns.
“I understand each branch of government wants to respect each other’s process and autonomy,” said District 4 Supervisor Joel Engardio. “But this resolution does not question our district attorney’s authority — it’s simply urging her to promote transparency to the fullest extent possible.”
District 6 Supervisor Matt Dorsey praised Peskin’s leadership on the resolution, and stated that transparency is “the cornerstone of criminal justice.”
“Although I didn’t know Banko Brown personally,” said Dorsey, “I have certainly heard enough about his work for the LGBTQ+ community, that I’m a part of, too, to know that it is an enduring loss.”
Public comment for the resolution, which was the final matter on the agenda, drew roughly 80 speakers in-person and online, and lasted more than two hours. Commenters called on Jenkins to “release the tapes,” and decried “systematic disdain for Black, Brown, queer and poor people.”
Several speakers referenced a witness account from Donald Washington, Jr., who was present in the Walgreens on April 27 and spoke with Mission Local last Thursday. He stated that Brown was unarmed and presented an unlikely threat, standing nearly a foot smaller than security guard Michael Earl-Wayne Anthony. Washington said that Anthony ejected Brown from the store before returning outside and subsequently shooting him.
‘Regrettably condescending’
On Monday, Jenkins responded to a letter of inquiry from Supervisor Shamann Walton asking her to release the video and to reconsider her decision not to charge Anthony; she warned him to not “interfere in the judicial process.” At today’s meeting, Supervisor Connie Chan described Jenkins’ words as “regrettably condescending.”
On May 1, the day Anthony was released after Jenkins declined to file charges, the DA stated that “evidence clearly shows the suspect believed he was in mortal danger and acted in self-defense.”
Yesterday, Jenkins changed tack, saying the investigation was ongoing, and her office was working to gather more evidence. But prosecutors told Mission Local her earlier statements have already compromised any future prosecution of Anthony, whom she definitively described as acting in self-defense.
“How are you gonna charge that case?” Supervisor Dean Preston said today during the meeting, mocking Jenkins. “You could be a defense attorney with one brain cell left, and all you do is blow up that statement from the district attorney.”
Halfway through the meeting, Brown’s father, Terry Brown, received a phone call from someone outside Walgreens at 825 Market St. Someone had taken down the candles and signs posted along the fence as a memorial to his son.
Later on Tuesday night, there was a balloon release on the site where Brown lost his life. The elder Brown and his son, Terry Brown, Jr., only one year age difference from Banko Brown, consulted on what to do next.
During roll call at the meeting’s start, Preston announced that he and his aide, Melissa Hernandez, are drafting an ordinance focusing on two provisions of the San Francisco Police Code that authorize armed guards to unholster their weapons in response to a threat to human life or property.
“We’re seeking to remove that reference to property,” Hernandez said after the meeting. “Because, under no circumstances, should life be less valuable than property.”
Despite the unanimous vote, the board’s resolution is non-binding; Jenkins is under no obligation to release the videos. Peskin yesterday said he has other ways of getting it.
“I can subpoena it from Walgreens,” he confirmed. “But, hey, why don’t we give [Jenkins] a chance?”
Walking out of City Hall into the dwindling daylight outside, Terry Brown, Jr., said he felt they were “a step closer to getting justice for my [brother].”
“Now they’re basically telling [Jenkins] she has to [release the tapes]. I feel like she might delay it a little bit. But ain’t nothing else to talk about.”
“I just want justice for my [brother].”
Mandatory Jail is what San Francisco needs for any act of Theft !
Interesting that Jenkins is getting no cover, even from Dorsey and Stefani. Breed is silent. Chief Scott seems miffed.
My guess is that Jenkins is now a political pariah and may not survive her term as DA. Time will tell.
There’s a strong push from reactionary folks e.g. on reddit who are dead set on suppressing this story, acting like a request for transparency from law enforcement is a ridiculous thing to push for etc.
It’s messed up. We just want to know that our DA is doing the right thing. Transparency is the way to prove this. It is not a ridiculous request.
I’ve needed to unsubscribe from any bay area subreddits for a while, but that was the catalyst to get me fully out of there. It’s unconscionable and seeing them applaud Jenkin’s letter was fully surreal.
If Peskin can subpoena the video, then that needs to happen. Let a judge determine what is reasonable regarding how long the DA can sit on it.
I’d like to know exactly what we got for all the money spent to recall Boudin and install this DA. Seems nothing has changed except we now have a DA that seems more interested in protecting bad cops than prosecuting violent criminals.
agree with the sentiment but in this case it is a security guard and not police officer so the usual laws around releasing police or city owned footage does not apply to this case although perhaps there needs to be some legislation about any footage of a shooting that takes place where someone is killed especially if the DA has announced the evidence clears the shooter, it would only strengthen the decision if the footage is so clear cut and easy to see.
That’s exactly why the POA, the Mayor, and the Libertarians installed her.