S.F. filmmaker Kevin Epps beats murder charge, gets manslaughter 

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A jury today found filmmaker and newspaper editor Kevin Epps not guilty of murder, but did convict him of voluntary manslaughter in the shooting of his former brother-in-law, Marcus Polk. 

As the court clerk read that Epps was found not guilty of first-degree murder, a burst of applause and gasps erupted through the room, in spite of the lengthy warnings from Judge Brian Ferrall to keep silent throughout the verdict reading. 

“The outburst is off the record,” Ferrall said. 

The courtroom remained silent as the clerk read off the guilty verdict on voluntary manslaughter, with several people crying into their hands or rocking back and forth in their seats. 

The courtroom was packed full on Monday morning with a queue down the hallway mostly composed of Epps’ supporters, including his two young children for whom he is the primary caregiver. 

Epps, who has won awards for his documentary films uplifting the Black community of Bayview Hunters Point, faced up to life in prison for the murder charge, and has awaited his day in court for six years. He said the 2016 shooting occurred in self-defense, but in 2019, prosecutors charged him with murder. 

Voluntary manslaughter, which means the killing occurred in “sudden quarrel or heat of passion,” can mean a sentence of three, six, or 11 years in prison. Epps was also found guilty of two counts of possessing a firearm as a felon, charges he did not dispute. 

The jury will now hear about “aggravating factors” like Epps’ past criminal history that can affect his sentence. 

Epps’ mother and other supporters cried silently with their faces in their hands. Epps, dressed in a blue suit and a short yellow tie, sat between his two attorneys with his head down. 

Outside the courtroom, Epps sobbed and struggled to speak for several minutes, hugging his various friends and family members who spilled into the hallway. 

“This has been a heavy, heavy burden on us for so long,” Epps said, finding his way through the crowd and sitting on a bench with his arms around his two children and mother. He said he was thankful to get “some relief.”

Epps shot and killed Polk at Epps’ Glen Park home where his then-fiancée, Maryam Jhan, and children lived in 2016. Polk, who struggled with drug addiction and had a violent criminal history, was Jhan’s friend and the former husband of Jhan’s sister. Epps’ attorneys argued during the trial that Polk entered the home without permission and came at Epps. 

Meanwhile, Polk’s former wife, Starr Gul, the only eyewitness to the shooting, claimed that Epps had no reason to shoot or kill Polk. 

Epps supporters say the fight isn’t over. Epps’ spokesperson, Julian Davis, said that prosecutor Jonathan Schmidt “mislead” the jury to infer Polk was a peaceful man, despite knowledge of Polk’s lengthy violent criminal history. On that basis, Epps’ defense attorney Darlene Comstedt last week made a motion for a mistrial during closing arguments. 

“We’re relieved that this jury had at least the common sense to come back without a murder conviction,” Davis said. But, he added, “we stand here today with Kevin Epps… this will be appealed.” 

Although Epps has been living out of custody for years, Schmidt sought to have Epps taken to jail after the verdict was read, claiming he was a flight risk. 

“I do recognize that Mr. Epps has been out for a while,” Schmidt said. “But at this point the calculus has changed.” 

Epps’ attorney Mark Vermeulen read a lengthy list of Epps’ accomplishments, community work and support, and his compliance over the years, and Judge Ferrall agreed to allow Epps to continue to walk free until his sentencing. 

“At this point, I am not concerned, and I don’t believe there’s a basis for concern, about public safety,” Ferrall said. 

Ferrall called it “extremely unusual” that Epps fought his murder charge from out of custody, but rejected Schmidt’s argument, stating that Epps showed a “strong track record” of attending court despite his serious pending criminal case. 

Schmidt also asked that Epps be given an ankle monitor, a request the judge said he would consider. 

Epps’ attorneys also appeared emotional, hugging Epps and his supporters in the hallway, and wiping away apparent tears. 

Comstedt, the defense attorney, declined to comment on the jury’s verdict, but said, “The amount of support that Kevin has is just awe-inspiring and it is really a testament to who he is at his core.”