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This secuirty guard, who is black, will not face charges but Daniel Penny, a white marine who choked out a dangerous man on a NYC subway faces decades in jail.
The security guard who shot and killed alleged shoplifter Banko Brown outside a Walgreens in San Francisco will not be prosecuted, San Francisco District Attorney Brooke Jenkins told KTVU in a one-on-one interview on Monday.
"We do not believe there is sufficient evidence to overcome what we would expect his defense of self-defense to be," Jenkins said. "[Anthony] has specifically articulated to the police, more than once, the facts surrounding the incident and explained that he believed he was in imminent danger, and at this time we don’t believe there is anything to overcome those statements."
Michael Earl-Wayne Anthony, 33, was working as a security guard for the Walgreens at 4th and Market Streets in San Francisco, when he shot and killed Brown, 24, on April 27 during an altercation in which Brown was allegedly shoplifting.
In a surveillance video obtained by KTVU, Anthony can be seen trying to stop Brown as he tries to leave Walgreens with a bag of items.
The video shows Anthony trying to stop Brown from exiting the store with a blue bag filled with items, and Brown pushing Anthony's shoulder first.
Anthony then shoves back, the video shows, and the two began to physically struggle.
The pair began to wrestle and Anthony brings Brown to the ground and applies what looks like a choke hold while on Brown's back, the video shows. It was during this struggle on the ground that Brown allegedly said he was going to stab Anthony.
"He says it multiple times and Mr. Anthony, the security guard, believes that to be a possibility," Jenkins said.
The video shows Anthony eventually letting Brown up off the floor. Brown is then seen grabbing the bag of items that he dropped during the fight.
As Brown is walking to the door, Anthony is seen on the video unholstering his gun and pointing it at the ground.
As Brown exited Walgreens, he is seen standing on the sidewalk outside the door, making a lunging motion towards Anthony.
That's when Anthony fires one shot, hitting Brown in the chest, the video shows.
Brown later died from the gunshot and no weapon was found on his body, a source of contention for many protesters who wanted Anthony charged.