The guard, Michael Earl-Wayne Anthony, was found to be carrying a concealed firearm without a permit. That determination came from the California Bureau of Security and Investigative Services (BSIS).
He was also found to not be wearing required patches on his uniform on the day of the fatal shooting.
Anthony faces a $1,000 fine for concealed carry without a permit. Investigators reported he had the firearm in a zippered pouch on the tactical vest he wore that day over his sweatshirt.
The uniform violations resulted in a pair of $250 fines.
According to BSIS, “Michael Earl-Wayne Anthony was involved in a shooting while on duty wearing a sweatshirt that did not have bureau-approved patches on each shoulder that read “private security” and included the name of the company by which Anthony was employed.”
The result of the deadly encounter was that Anthony faces $1,500 in fines for running afoul of California regulations while he fought for his life.
The April 27 incident began when an alleged shoplifter, 24-year-old Banko Brown, was apparently attempting to leave the drugstore with a bagful of items. Anthony, a licensed guard for over a decade, attempted to stop the suspect and a struggle ensued.
Security video footage showed Anthony putting Brown in a chokehold and forcing him to the floor. Shoppers simply walked around the two as they fought.
The security guard apparently let Brown up, and the suspect then grabbed the bag and headed for the door. It is then that video showed Brown apparently making an aggressive move toward Anthony, prompting the guard to fire one shot.
Anthony told investigators that he instructed Brown to release the items and asserted that the alleged shoplifter was the aggressor. He also recounted that Brown repeatedly threatened to stab him as he tried to defuse the situation.
When the two disengaged, Anthony said he drew his firearm for protection after being threatened several times. He recalled when the suspect turned and made a move toward him, he shot in self-defense.
It was too late when he realized that Brown apparently meant only to spit on him.
San Francisco District Attorney Brooke Jenkins announced in May that she would not move forward with charges against Anthony. She said that there was no evidence to disprove the security guard’s assertion that he acted in self-defense.
She also urged the public to not rely simply on the video of the incident to draw conclusions. The footage had no sound.
Jenkins said it was important for people to consider witness accounts and the police reports along with the video. That, of course, did not stop the outrage from some quarters.
City Supervisor Shamann Walton released a statement charging that Banko was “executed.” He asked, “Where is the perceived threat?”
Brown, who reportedly was in and out of homelessness, worked at a nonprofit that also harshly criticized Jenkins.
Julia Arroyo of the Young Women’s Freedom Center declared, “We did not need to see the video to know that Banko Brown’s killing was unjustified. Armed force is not a justified response to poverty.”
Many, however, defended Anthony. They noted that he let the alleged shoplifter up before the suspect apparently turned on him in a threatening manner. The establishment had a right to defend itself against shoplifters, and private security is the fallback for stores in many city settings.
