Statement: State Attorney General Review of Banko Brown Killing Serves Public Interest

Statement by Supervisor Joel Engardio
San Francisco Board of Supervisors meeting
May 23, 2023

State Attorney General Review of Banko Brown Killing Serves Public Interest

I want to express my condolences to the family and friends of Banko Brown. No one should be killed for any crime, certainly not for taking food. And yet this is the tragedy that happened.

Everything about Banko Brown’s death seemed preventable. Why wasn’t the security guard carrying non-lethal tools? A taser, pepper spray, or a baton are all better options than a gun for a disturbance in a store. Yet the security guard only had a gun. That makes no sense.

Banko’s death might also have been prevented by our society addressing the basic human needs for vulnerable people: access to shelter, food, and supportive services. 

Our society is based on the rule of law, which means not tolerating crime. But our society breaks down when anything goes on either side of the law. We can’t allow crime — including shoplifting — without consequences. And we can’t allow punishment that far outweighs the crime. 

Yet here we are in this tragic situation.

That’s why I called for the district attorney to release the video and evidence in the killing of Banko Brown. As a board, we urged the district attorney to promote transparency.

Before becoming a supervisor, I worked many years as a journalist. I fundamentally believe in transparency. I believe that an open government is an accountable government. 

I’m glad the district attorney listened to the request in our resolution and released the video and evidence for all to see. 

Personally, the video was difficult to watch. It was personally hard for me to understand the district attorney’s interpretation of the video and evidence, which resulted in not charging the security guard in the shooting death of Banko Brown. But I understand the rule of law says the decision to charge is for the district attorney to make.

Now that the video and evidence has been released, a higher authority like the state attorney general has the right to review the evidence and decide for himself whether to pursue charges under his jurisdiction. 

The resolution before us urges the state attorney general to take a look at this case. 

It’s important to note the possibility that the state attorney general could review the case and come to the same legal conclusion as our district attorney. Just last week the state attorney general reviewed our district attorney’s decision to dismiss a similar shooting case. He also decided not to prosecute and he concluded that our district attorney did not abuse her discretion.

I’m not a lawyer. I’m not a prosecutor. I’m a city supervisor and I have to respect the branches of government. I have to respect the process and autonomy of each branch. 

For that reason, I support our resolution asking the state attorney general to exercise his right to examine the evidence in the Banko Brown case. The killing of Banko Brown is an extraordinary case and I believe it is in the public interest to call for further review.