SAN FRANCISCO (KRON) — The private security guard who is accused of fatally shooting San Francisco man Banko Brown, 24, will not be charged with murder, San Francisco District Attorney Brooke Jenkins confirmed Monday.

Brown was shot in front of Walgreens on the 800 block of Market Street just after 6:30 p.m. on Thursday, April 27. Michael Earl-Wayne Anthony, 33, was identified as the primary suspect and arrested.

Jenkins’ office will not pursue murder charges because Anthony is believed to have been acting in self-defense during the shooting. The DA said she reviewed witness statements, suspect statements and video footage before coming to the decision.

“The evidence clearly shows that the suspect believed he was in mortal danger and acted in self-defense,” Jenkins said. “We cannot bring forward charges when there is credible evidence of reasonable self-defense. Doing so would be unethical and create false hope for a successful prosecution.” 

According to Brown’s mother Kevinisha Henderson, investigators believe the incident began when Banks shoplifted from Walgreens near Market Street and 4th Street. It ended with Anthony allegedly shooting and killing Brown.

“When they watched the video, there was absolutely no reason for him to do what he did,” Henderson said. “I don’t understand why a Walgreens security guard would have a gun.”

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KRON4 has confirmed that Anthony has been released from jail and did not have to post bail due to there being no charges.

Read the full statement from Jenkins below:

“The killing of Mr. Banko Brown on April 27, 2023 was a tragedy and my heart breaks for his friends and family.

After careful review of all of the evidence gathered by the San Francisco Police Department in this case, my office will not be pursuing murder charges, at this time, in connection to the shooting.  We reviewed witness statements, statements from the suspect, and video footage of the incident and it does not meet the People’s burden to be able to prove beyond a reasonable doubt to a jury that the suspect is guilty of a crime.  The evidence clearly shows that the suspect believed he was in mortal danger and acted in self-defense.   

We cannot bring forward charges when there is credible evidence of reasonable self-defense. Doing so would be unethical and create false hope for a successful prosecution.  

No matter the case, however, we must follow the law and the evidence, wherever it leads. We never make decisions based on emotions or what may be politically expedient.”