How shooting of transgender candy thief by Walgreens security guard became central to row over California's attempts to crack down on shoplifting

By Daily Mail (U.S.) | Created at 2024-09-26 15:52:27 | Updated at 2024-09-30 21:34:18 4 days ago
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A case involving a Walgreens security guard who sparked outrage last year after he shot and killed a transgender thief who had been caught stealing candy is at the centre of a row over whether shoplifting penalties should be toughened up.

Private security guard Michael Anthony, 33, fired at 24-year-old Banko Brown on April 27 of last year with a -40 caliber Glock after allegedly seeing him take something from a shelf and shove it into his bag.

Distressing CCTV footage released by the San Francisco district attorney's office  showed how the tragic incident unfolded, and sparked anger in the local community.

The video shows Brown, who was a homeless, transgender man, dressed in a white T-shirt and grey sweatpants walking towards the exit of the Walgreens store in San Francisco.

Anthony appears to stop him, at which point the two suddenly engage in a struggle. 

A case involving a Walgreens security guard (seen in black) who sparked outrage last year after he shot and killed a transgender thief (seen in white) who had been caught stealing candy is at the centre of a row over whether shoplifting penalties should be toughened

Private security guard Michael Anthony, 33, fired at 24-year-old Banko Brown on April 27 of last year with a -40 caliber Glock after allegedly seeing him take something from a shelf and shove it into his bag. Anthony is seen holding Brown in this CCTV footage

Distressing CCTV footage released by the San Francisco district attorney's office showed how the tragic incident unfolded, and sparked anger in the local community

The two men begin throwing punches at each other, before Anthony wrestles Brown to the floor and continues to violently beat him. 

The security guard manages to pin Brown down, and the altercation appears to be calming down with the alleged thief apprehended.

However, despite having Brown pinned, the security guard then releases him.

The 24-year-old then attempts to leave the story, but the argument continues.

The guard can be seen pulling a handgun from his pants and - with Brown now just outside the exit - Anthony can be seen firing a single shot into Brown's chest.

He immediately collapsed on to the street outside, the video shows.

Brown, who was a part-time trans activist living between group homes and homeless shelters, was discovered to have stolen $14.64 dollars worth of candy. 

In the wake of the incident, Anthony was initially arrested by San Francisco police.

During questioning, the security guard repeatedly misgendered Brown, who identified as a man, and told cops he had threatened to stab him.

However, none of the witnesses said they heard Brown threaten Anthony, and no knife was ever found by police at the scene.

The incident - involving a homeless transgender black man shot and killed over sweets, and a corporation relying on contract workers to combat a shoplifting epidemic - brought up several emotive issues including race, gender and class and - according to the Wall Street Journal - is at the centre of an on-going debate.

CCTV footage shows the moment before Anthony fired on Brown through the entrance to the Walgreens last year

Anthony was released without charge a few days after the shooting, with district attorney Brooke Jenkins saying that the guard had 'clearly' acted 'in self-defence.'

According to a report obtained by the Chronicle, the district attorney alleged that Brown had 'transformed a simple theft into a robbery when he used physical force to take property without paying.'

Brown's father Terry was furious at the decision not to charge his son's killer.

'If you said somebody is going to stab you and you're going to let them up and you're a security guard and you just beat the mess out of [Brown],' he said, according to the WSJ. 'Make that make sense to me.'

While Terry Brown's anger has been shared by many in the community, Jenkins and other local authorities are also under pressure to punish shoplifters  amid an ever-growing theft crisis in the Californian city.

A number of major chains have announced they would be shuttering stores in San Francisco due to soaring crime figures.

Nordstrom chief stores officer Jamie Nordstrom blamed the state of San Francisco in recent years for reducing foot traffic 'and our ability to operate successfully.'

Remaining stores like Target have been reduced to locking up their entire stock behind glass to deter shoplifters.

Banko Brown (pictured), was killed by Anthony but the San Francisco DA has refused to charge the security guard - sparking anger in the community

Brown's death sparked outrage across the Bay Area, but despite the many demands to charge Anthony, District Attorney Brooke Jenkins' office said Monday they would not be charging him

But the district attorney' decision to not press charges against Anthony sparked widespread protests, as well as a heated debate over how the issue of shoplifting is treated as many Americans struggle to make ends meet.

Desperation has led to many resorting to petty crime.

Following Jenkins's decision, Brown's friends and family said it 'sets a dangerous precedent' that, they imply, could see other security guards taking drastic measures as their employers emphasise the need to crack down on shoplifters.

Transgender activists gathered around City Hall demanding 'justice for Banko Brown' in April in the wake of Brown's death. 

Meanwhile, a statement made by the Young Women's Freedom Center, where Brown volunteered, said that 'in a city like San Francisco, where so many have to make tough decisions to meet their basic needs, arming stores with the pass to use armed force will result in much more tragedy.'

What's more, civil-rights attorney John Burris filed a $250 million wrongful death lawsuit against Walgreens and Anthony on behalf of Brown's heartbroken family.

With the anger and pain surrounding Brown's still raw for many, voters in California with have the chance to vote for or against a ballot initiative that would toughen penalties for shoplifting.

Photos from the Justice for Banko Rally posted by the Young Women's Freedom Center Facebook page. Photos were posted , April 4, 2023 

According to the gov.ca website, the measure would 'take down serial shoplifters' by establishing penalties for repeat offenders who are convicted three times for petty theft within three years' and introduce 'Aggregates Theft Amounts' which, it says, 'Empowers law enforcement to combine the value of multiple thefts - even from different victims - to charge a felony.'

Governor Gavin Newsom said of the ballot: 'With targeted reforms to Prop 47, this ballot measure is a critical step forward in our efforts to strengthen California’s public safety laws and provide law enforcement with additional tools to address the growing concerns of property crime and the fentanyl crisis. 

'This balanced approach cracks down on crime and protects our communities — without reverting to ineffective and costly policies of the past.'

According to the Wall Street Journal, the reforms are backed by San Francisco’s Democratic mayor, London Breed, as well as retailers.

However, others are not sold of the proposition, with detractors saying it will do little to combat the issues faced by millions living in California and will instead lead to an increase in people who are in prisons - costing the state more money that could otherwise be going towards mental health and drug treatment.

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