SAN FRANCISCO (KRON) — One day after San Francisco District Attorney Brooke Jenkins announced that the Bank Brown homicide case is not closed, San Francisco Supervisor Shamann Walton has responded and accused the DA of a “contradiction” in handling the case. Jenkins put out a statement Monday implying that the Walgreens security guard who shot Brown on April 27 could be charged if additional evidence is found.

In a statement Tuesday, Brown said his office had sent a Letter of Inquiry to the DA asking that video footage showing circumstances around Brown’s shooting be released, and asking the DA to reconsider not bringing charges against the security guard. The guard, identified as 33-year-old Michael Earl-Wayne Anthony, reportedly shot Brown, a 24-year-old unhoused transgender Black man, in a confrontation over shoplifting.

Anthony shot Brown because be “believed he was in mortal danger,” according to the DA. DA Jenkins also sent Brown a “sharply worded letter,” asking that he not interfere with the case, according to the San Francisco Chronicle.

“I disagree with the District Attorney’s opinions and have been informed by our Deputy City
Attorney that my request has no interference with the investigation and it is not at all unethical,”
said Walton in a statement Tuesday. “I do understand that there are several other pieces of evidence to explore and the decisions made by the District Attorney’s office do not rely on one source of evidence. I also know that videos are released all the time during investigations and in some cases even required. We are asking for transparency around the killing of Banko Brown and release of this video will most certainly help with that transparency.”

Jenkins had initially said that no charges would be brought against Anthony. However, on Monday, she shifted slightly, saying, “The investigation into the killing of Banko Brown is ongoing. I hear and understand the concerns from people calling for transparency, but releasing any evidence before the investigation is complete could compromise the investigation and is unethical.”

“This appears to be a contradiction,” Walton wrote in response to the DA’s seeming shift in position.

“I hope the District Attorney will reconsider her decision and I hope that her initial decision on May 1 and subsequent change of mind on May 8, does not compromise the prosecutorial integrity of the case,” Walton added.

On the day of Brown’s shooting, Anthony was arrested and booked on one count of murder. However, no charges were filed, and he was later set free.

Preston seeks to limit use of guns by security guards

In a separate statement issued Tuesday, SF Supervisor Dean Preston announced plans to limit the use of guns by private security guards. The proposed legislation will “amend the Police Code to clarify that guards are not to unholster their weapons unless there is an actual and specific threat to a person,” the announcement read.

“San Francisco law currently states that private security guards can unholster their weapons– which is considered a serious escalation for any interaction– to protect property,” stated Preston. “Property should never be placed above human life and our laws should be crystal clear on that.”