California’s attorney general has agreed to determine if San Francisco District Attorney Brooke Jenkins made the right decision when deciding to not file charges against the Walgreens security guard involved in the deadly shooting of 24-year-old Banko Brown.
“There’s no guarantee that they will in fact make that finding and ultimately take over the case and prosecute it, but I think it's important for the family, and maybe for the community as well, to know that the decision itself that was made is subject to review,” said Brown family attorney, John Burris.
The announcement came amid growing outrage after the release of this security video and the DA's conclusion that security guard Michael Anthony was acting in self defense. He repeatedly told investigators Brown had a knife, although none was found.
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“She’s putting out the message that it’s OK for the police to kill people or security to kill people,” said Brown’s sister Shameka.
“Somebody needs to be held accountable for this,” said Brown’s former partner Asia Hubbard. “The video clearly shows he was beaten up before even being murdered.”
Dozens rallied Tuesday in support of the transgender activist as supervisors voted on a resolution urging the attorney general and U.S. Department of Justice to take a second look at the Brown case.
In a statement, Jenkins responded to the attorney general's decision writing in part, “we provided the highest degree of transparency possible that we could with this case. We welcome the attorney general’s review and will assist and cooperate as needed.”
“I just want her to look at me in my face and tell me that she really believes it was self defense and not murder,” said Brown’s mother Kevinisha Henderson.
She said she’ll be meeting with the DA later this week and expects answers as her family plans funeral services this week and fights for closure in the criminal and civil courts.
“I'm not going to stop until this is done,” said Shameka.
The family’s civil attorney says trying to prove the DA abused her discretion is a high bar.
But believes the attorney general's office will take a close look at the evidence.
NBC Bay Area reached out to Rob Bonta's office for a response, but has not heard back.