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When she tried to pick it up, the pharmacist at her local Safeway on College Avenue in Oakland said they had been unable to fill most prescriptions since the hack against UnitedHealth Group Inc. last week. [pullquote size=\"medium\" align=\"right\" citation=\"Alison Hightower, East Bay resident\"]‘I stopped at the pharmacy, and they said they are totally shut down and can’t do anything. This will have a huge snowballing effect. …’[/pullquote]“I stopped at the pharmacy, and they said they are totally shut down and can’t do anything,” Hightower told KQED. “This will have a huge snowballing effect. My husband is scrambling to get his medication refilled.”\u003c/p>\n\u003cp>Since the cyber attack, \u003ca href=\"https://www.latimes.com/business/story/2024-02-23/unitedhealth-blames-nation-state-threat-in-hack-disrupting-pharmacy-orders\">pharmacies across the country\u003c/a> — including those at Safeway, Walgreens and CVS — have been unable to fill some prescription orders because the computer system that forwards prescriptions from doctors and processes insurance was disconnected after the hack at UnitedHealth’s technology unit, called Change Healthcare.\u003c/p>\n\u003cp>A spokesperson for Safeway confirmed that people filling online prescriptions may experience a delay due to the nationwide outage with Optum, a third-party healthcare technology vendor owned by UnitedHealth. Other insurance providers including Medicare were also affected.\u003c/p>\n\u003cp>UnitedHealth is Alameda County’s largest health insurer. It’s not clear when the service will be restored. As of noon on Monday \u003ca href=\"https://status.changehealthcare.com/incidents/hqpjz25fn3n7\">Optum reported that the disruption is expected to continue\u003c/a> through at least the end of the day.\u003c/p>\n\u003cfigure id=\"attachment_11977122\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11977122\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A Safeway store in Oakland on Feb. 26, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Change Healthcare is experiencing a cybersecurity issue, and our experts are working to address the matter,” the company said in a statement on its website. “Once we became aware of the outside threat, in the interest of protecting our partners and patients, we took immediate action to disconnect our systems to prevent further impact.”\u003c/p>\n\u003cp>Hindering access to medication can be life-threatening.\u003c/p>\n\u003cp>“Our pharmacy operations and the vast majority of prescriptions are not being impacted by this third-party issue,” a spokesperson for Walgreens said in an email. “For the small percentage that may be affected, we have procedures in place so that we can continue to process and fill these prescriptions with minimal delay or interruption.” [aside label='More on Public Health' tag='health'] “Safeway would like to reassure customers and the public that our pharmacy locations are open for business and serving customers,” a spokesperson for Safeway said in an email. “We are working quickly to address this matter and apologize for any inconvenience this may cause.”\u003c/p>\n\u003cp>CVS, which also relies on UnitedHealth technology, said earlier in a prepared statement that the company is still filling prescriptions, but “in certain cases, we are not able to process insurance claims, which our business continuity plan is addressing to ensure patients continue to have access to their prescriptions.” KQED has reached out to CVS for further comment but as of Monday evening has not received a response.\u003c/p>\n\u003cp>The issue is impacting different medications and particularly controlled substances like pain medications and ADHD medication, which are more heavily regulated by the federal government, Ruzly Mantara, a pharmacist in San Francisco, told KQED on Monday.\u003c/p>\n\u003cp>Pharmacists like Mantara need help to convey the news and to provide patients with their medications.\u003c/p>\n\u003cp>“This has never happened before. We are taking this one step at a time,” Mantara told KQED. “The best thing we can do is ask for their patience at this time.” [pullquote size=\"medium\" align=\"right\" citation=\"Ruzly Mantara, pharmacist, San Francisco\"]‘We are able to get faxes and phone calls, but there are some prescriptions that can’t be faxed or called in, so that’s an issue. It creates a big problem.’[/pullquote]As of Sunday afternoon, Mantara said that the computer system could process most insurance plans again but that the pharmacy was still not able to receive prescriptions from doctors.\u003c/p>\n\u003cp>So far, options remain limited for customers who can’t pay out of pocket or don’t have a written prescription.\u003c/p>\n\u003cp>“We are able to get faxes and phone calls, but there are some prescriptions that can’t be faxed or called in, so that’s an issue,” Mantara said. “It creates a big problem.”\u003c/p>\n\u003cp>Hightower’s husband’s medication is expensive and tightly regulated, she said, so paying out of pocket or sending over a written prescription are both unfeasible. She and her husband are continuing to assess their options.\u003c/p>\n\u003cp>“His drug is under more severe regulation, so they don’t keep it in stock, and they have to special order it,” Hightower said. “Everybody is just scrambling.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"People are clamoring to obtain pain medications as pharmacies in Oakland and San Francisco feel the crunch of a nationwide data breach. ","status":"publish","parent":0,"modified":1709058357,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":873},"headData":{"title":"'Everybody Is Just Scrambling': Nationwide Cyber Attack Delays Bay Area Pharmacy Orders | KQED","description":"People are clamoring to obtain pain medications as pharmacies in Oakland and San Francisco feel the crunch of a nationwide data breach. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11977093/everybody-is-just-scrambling-nationwide-cyber-attack-delays-bay-area-pharmacy-orders","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 8 p.m. Monday\u003c/em>\u003c/p>\n\u003cp>People across the Bay Area are clamoring to fill essential medications after a\u003ca href=\"https://www.reuters.com/business/healthcare-pharmaceuticals/change-healthcare-network-hit-by-cybersecurity-attack-2024-02-22/\"> cyber attack last Wednesday\u003c/a> disrupted data transmission lines between health care providers, insurance companies and pharmacies.\u003c/p>\n\u003cp>East Bay resident Alison Hightower is among them.\u003c/p>\n\u003cp>For two days, she has been trying to refill a medication her husband takes for nerve damage. When she tried to pick it up, the pharmacist at her local Safeway on College Avenue in Oakland said they had been unable to fill most prescriptions since the hack against UnitedHealth Group Inc. last week. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘I stopped at the pharmacy, and they said they are totally shut down and can’t do anything. This will have a huge snowballing effect. …’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Alison Hightower, East Bay resident","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“I stopped at the pharmacy, and they said they are totally shut down and can’t do anything,” Hightower told KQED. “This will have a huge snowballing effect. My husband is scrambling to get his medication refilled.”\u003c/p>\n\u003cp>Since the cyber attack, \u003ca href=\"https://www.latimes.com/business/story/2024-02-23/unitedhealth-blames-nation-state-threat-in-hack-disrupting-pharmacy-orders\">pharmacies across the country\u003c/a> — including those at Safeway, Walgreens and CVS — have been unable to fill some prescription orders because the computer system that forwards prescriptions from doctors and processes insurance was disconnected after the hack at UnitedHealth’s technology unit, called Change Healthcare.\u003c/p>\n\u003cp>A spokesperson for Safeway confirmed that people filling online prescriptions may experience a delay due to the nationwide outage with Optum, a third-party healthcare technology vendor owned by UnitedHealth. Other insurance providers including Medicare were also affected.\u003c/p>\n\u003cp>UnitedHealth is Alameda County’s largest health insurer. It’s not clear when the service will be restored. As of noon on Monday \u003ca href=\"https://status.changehealthcare.com/incidents/hqpjz25fn3n7\">Optum reported that the disruption is expected to continue\u003c/a> through at least the end of the day.\u003c/p>\n\u003cfigure id=\"attachment_11977122\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11977122\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240226-PHARMACY-HACK-MD-02-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A Safeway store in Oakland on Feb. 26, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Change Healthcare is experiencing a cybersecurity issue, and our experts are working to address the matter,” the company said in a statement on its website. “Once we became aware of the outside threat, in the interest of protecting our partners and patients, we took immediate action to disconnect our systems to prevent further impact.”\u003c/p>\n\u003cp>Hindering access to medication can be life-threatening.\u003c/p>\n\u003cp>“Our pharmacy operations and the vast majority of prescriptions are not being impacted by this third-party issue,” a spokesperson for Walgreens said in an email. “For the small percentage that may be affected, we have procedures in place so that we can continue to process and fill these prescriptions with minimal delay or interruption.” \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More on Public Health ","tag":"health"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp> “Safeway would like to reassure customers and the public that our pharmacy locations are open for business and serving customers,” a spokesperson for Safeway said in an email. “We are working quickly to address this matter and apologize for any inconvenience this may cause.”\u003c/p>\n\u003cp>CVS, which also relies on UnitedHealth technology, said earlier in a prepared statement that the company is still filling prescriptions, but “in certain cases, we are not able to process insurance claims, which our business continuity plan is addressing to ensure patients continue to have access to their prescriptions.” KQED has reached out to CVS for further comment but as of Monday evening has not received a response.\u003c/p>\n\u003cp>The issue is impacting different medications and particularly controlled substances like pain medications and ADHD medication, which are more heavily regulated by the federal government, Ruzly Mantara, a pharmacist in San Francisco, told KQED on Monday.\u003c/p>\n\u003cp>Pharmacists like Mantara need help to convey the news and to provide patients with their medications.\u003c/p>\n\u003cp>“This has never happened before. We are taking this one step at a time,” Mantara told KQED. “The best thing we can do is ask for their patience at this time.” \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We are able to get faxes and phone calls, but there are some prescriptions that can’t be faxed or called in, so that’s an issue. It creates a big problem.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Ruzly Mantara, pharmacist, San Francisco","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>As of Sunday afternoon, Mantara said that the computer system could process most insurance plans again but that the pharmacy was still not able to receive prescriptions from doctors.\u003c/p>\n\u003cp>So far, options remain limited for customers who can’t pay out of pocket or don’t have a written prescription.\u003c/p>\n\u003cp>“We are able to get faxes and phone calls, but there are some prescriptions that can’t be faxed or called in, so that’s an issue,” Mantara said. “It creates a big problem.”\u003c/p>\n\u003cp>Hightower’s husband’s medication is expensive and tightly regulated, she said, so paying out of pocket or sending over a written prescription are both unfeasible. She and her husband are continuing to assess their options.\u003c/p>\n\u003cp>“His drug is under more severe regulation, so they don’t keep it in stock, and they have to special order it,” Hightower said. “Everybody is just scrambling.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11977093/everybody-is-just-scrambling-nationwide-cyber-attack-delays-bay-area-pharmacy-orders","authors":["11840"],"categories":["news_8"],"tags":["news_32205","news_27626","news_18543","news_683","news_33563","news_32610","news_18153","news_19960","news_4778","news_2211"],"featImg":"news_11977127","label":"news"},"news_11952689":{"type":"posts","id":"news_11952689","meta":{"index":"posts_1591205157","site":"news","id":"11952689","score":null,"sort":[1686573028000]},"guestAuthors":[],"slug":"they-carry-weapons-so-why-dont-security-guards-have-to-get-use-of-force-training","title":"They Carry Weapons. So Why Don't Security Guards Have to Get Use-of-Force Training?","publishDate":1686573028,"format":"standard","headTitle":"They Carry Weapons. So Why Don’t Security Guards Have to Get Use-of-Force Training? | KQED","labelTerm":{"site":"news"},"content":"\u003cp>In 2004, when California first started regulating security-guard licenses more extensively, the nation was at war and the memory of 9/11 was fresh.\u003c/p>\n\u003cp>It made sense, then, that state leaders decided to dedicate four hours of the 40-hour course to handling threats related to weapons of mass destruction and other forms of terrorism.\u003c/p>\n\u003cp>Nearly 20 years later, some in the industry say that part of the training is looking outdated — especially as businesses around the state increasingly rely on private security guards to protect their stores not from terror threats, but from shoplifters.\u003c/p>\n\u003cp>In late April, that reliance came to a tragic end when a security guard at a San Francisco Walgreens store near Union Square \u003ca href=\"https://www.kqed.org/news/11949558/district-attorney-releases-video-of-banko-brown-shooting-at-walgreens-wont-files-charges-against-security-gaurd\">shot and killed Banko Brown\u003c/a>, a man accused of shoplifting about $14 worth of merchandise, including a box of cereal.\u003c/p>\n\u003cp>Like the rest of the more than 301,000 licensed security guards in California, Michael Earl-Wayne Anthony, the guard at Walgreens, had been required to watch four hours of training videos focused on WMDs — but not a single minute on appropriate use of force and deescalation techniques.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Assemblymember Chris Holden (D-Pasadena)\"]‘We realized that these private security guards … are not taught deescalation techniques. They are not taught how to use objectively reasonable force or understand implicit and explicit cultural training.’[/pullquote]“To be honest with you, from 2004 to now, there’s not been a security officer in the state of California that’s found any weapons of mass destruction,” said David Chandler, president of the California Association of Licensed Security Agencies, Guards and Associates, or CALSAGA.\u003c/p>\n\u003cp>“I think we’re teaching the wrong subject for four hours and not teaching the security guards how to get along with people and how to protect people’s rights,” he added.\u003c/p>\n\u003cp>The Walgreens killing of Banko Brown isn’t the first time in recent years that an altercation with a security guard in California has resulted in someone’s death. In 2019, a man caught trespassing in the Golden 1 Center in Sacramento \u003ca href=\"https://www.latimes.com/california/story/2020-07-08/a-man-died-after-sacramento-police-kneeled-on-his-neck-for-four-minutes-lawsuit-alleges-police-kneeled-on-a-mans-neck-for-four-minutes-resulting-in-his-death\">ended up on life support and later died\u003c/a> after a security guard allegedly kneeled on his neck for more than four minutes.\u003c/p>\n\u003cp>That incident took on new significance after George Floyd was murdered in a similar manner the following year by a Minneapolis police officer, said Democratic state Assemblymember Chris Holden, from Pasadena.\u003c/p>\n\u003cp>“It just seemed to be so senseless,” Holden said of the death of Mario Matthews, who was found to have had methamphetamine in his system when he entered the arena around 3:30 a.m. and ran around the court pretending to dribble a basketball.\u003c/p>\n\u003cp>“We realized that these private security guards, who also carry a baton and a gun, are not trained to intervene in those kinds of situations at all,” he said. “They are not taught deescalation techniques. They are not taught how to use objectively reasonable force or understand implicit and explicit cultural training.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Matthews’ death prompted Holden to introduce \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB229\">legislation\u003c/a> in 2021 updating the training requirements for security guards. The law, which took effect in January, mandates eight hours of training in “the exercise of the appropriate use of force.”\u003c/p>\n\u003cp>The state agency overseeing security guards, the \u003ca href=\"https://www.bsis.ca.gov/\">Bureau of Security and Investigative Services\u003c/a>, is currently drafting regulations for the new training, which likely won’t be implemented until October at the earliest.\u003c/p>\n\u003cp>“The real emphasis is making sure that these private security officers are getting the appropriate training that they need to hopefully put them in a better position to use better judgment in how to address members of the public,” Holden said. “Obviously there’s a responsibility to address criminal behavior.”\u003c/p>\n\u003cp>But when $14 leads to a loss of life, he said, “we’ve got to do better.”\u003c/p>\n\u003cfigure id=\"attachment_11950897\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11950897\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65175_013_KQED_WalgreensBankoBrown_05092023-qut.jpg\" alt=\"flowers and a memorial are tied to a fence with a Walgreens store in the background\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65175_013_KQED_WalgreensBankoBrown_05092023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65175_013_KQED_WalgreensBankoBrown_05092023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65175_013_KQED_WalgreensBankoBrown_05092023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65175_013_KQED_WalgreensBankoBrown_05092023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65175_013_KQED_WalgreensBankoBrown_05092023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">People walk past a memorial for Banko Brown outside a Walgreens in San Francisco, where Brown was shot to death by a store security guard on April 27. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Holden’s bill also requires security companies to report within seven days any physical altercation between their guards and the public that results in an injury requiring medical attention, and any force used by a guard while on duty.\u003c/p>\n\u003cp>But implementing the law’s training requirement is what’s needed most urgently, said policing expert LaDoris Cordell, a retired judge who worked as San José’s independent police auditor for five years.\u003c/p>\n\u003cp>“I’d made certain assumptions about private security guards, because they are basically doing police work — and I was stunned to find out that there is no requirement that they be trained in the use of force,” she said.\u003c/p>\n\u003cp>Cordell praised the specificity of Holden’s legislation for spelling out in detail what the training needs to cover — including the limitations, responsibilities and ethics involved in making a citizen’s arrest, restrictions on searches and seizures, and criminal and civil liabilities.\u003c/p>\n\u003cp>One Bay Area security guard said the lack of any current use-of-force training — combined with evolving guidance from the security companies themselves — leaves both the public and security guards at greater risk of unnecessary altercations.\u003c/p>\n\u003cp>“I make it very clear to people: ‘No, I’m security, I’m not police.’ I don’t want to be police. But, we do need more training because a lot of people look at us as police,” said the guard, who has worked in the field for two years, and didn’t want to use his name because his employer doesn’t allow their guards to speak to the press. “You have to have training, you have to have accountability.”\u003c/p>\n\u003cp>He also noted that guards, who typically start out making less than $25 an hour, are putting themselves at personal legal risk when they engage physically with someone, regardless of what their employer has advised them to do. For example, even though the district attorney is not filing criminal charges against Anthony, the guard at Walgreens who shot Brown, he is still being sued by Brown’s family. A police officer in a similar situation generally couldn’t be sued as an individual.\u003c/p>\n\u003cp>[aside label='Banko Brown Coverage' tag='banko-brown']Chandler, of CALSAGA, agreed. He said his group supported Holden’s legislation in part because security guards are now being asked to do more than ever before — and are encountering far different responses from the public.\u003c/p>\n\u003cp>“The unhoused community — they’re pushing back now,” he said. “Years ago, they would find somebody who’s unhoused, they would say you need to move along. … Now, these guys are fighting back. They’re attacking guards. They’re getting into physical altercations with guards. So the guards really need training on deescalation tactics and getting along with people, especially people with mental issues.”\u003c/p>\n\u003cp>Chandler said responsibility also lies with the security firms that hire the guards, to make clear that human life is more important than property. The security firm that employed Anthony, Kingdom Group Protective Services, had \u003ca href=\"https://sfdistrictattorney.org/wp-content/uploads/2023/05/05.15.23-Banko-Brown-Report-.pdf\">changed its policies (PDF)\u003c/a> just weeks before Brown’s shooting, \u003ca href=\"https://www.sfchronicle.com/crime/article/walgrreens-shooting-banko-brown-security-18100148.php\">instructing its guards to be more hands-on\u003c/a> when witnessing someone trying to steal merchandise.\u003c/p>\n\u003cp>With that kind of policy, said Chandler, “you’re asking for a fight. You’re looking for a fight.”\u003c/p>\n\u003cp>“All these major companies have insurance,” he added. “You know, if you’re losing so much money that you can’t afford to be in business, well, then guess what? You can’t be in business.”\u003c/p>\n\u003cp>Cordell, the retired judge, agreed, noting that huge companies like Walgreens and the security firms are asking low-paid workers to take the risk — and fall — for them.\u003c/p>\n\u003cp>“We’re living in a society where the distance between the haves and the have-nots is getting wider and wider and wider and greater and greater,” she said. “We have this big corporation that nobody’s really looking at and saying, ‘What are you doing about this issue?’ [They know] full well that the folks that they’re bringing in are not well-trained. They’re not well-paid.”\u003c/p>\n\u003cp>And now, Cordell said, two lives are ruined.\u003c/p>\n\u003cp>“This security guard — he’s going to be messed up for the rest of his life. The family of this young man [Brown], I mean, he’s gone,” she said. “Everybody’s messed up. And yet you have the company sitting back and nobody’s kind of saying, ‘Well, wait a minute, what’s your responsibility in all of this stuff?’”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The recent killing of Banko Brown isn't the first time in recent years that an altercation with a security guard in California has resulted in a death.\r\n","status":"publish","parent":0,"modified":1686594425,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1521},"headData":{"title":"They Carry Weapons. So Why Don't Security Guards Have to Get Use-of-Force Training? | KQED","description":"The recent killing of Banko Brown isn't the first time in recent years that an altercation with a security guard in California has resulted in a death.\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11952689/they-carry-weapons-so-why-dont-security-guards-have-to-get-use-of-force-training","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In 2004, when California first started regulating security-guard licenses more extensively, the nation was at war and the memory of 9/11 was fresh.\u003c/p>\n\u003cp>It made sense, then, that state leaders decided to dedicate four hours of the 40-hour course to handling threats related to weapons of mass destruction and other forms of terrorism.\u003c/p>\n\u003cp>Nearly 20 years later, some in the industry say that part of the training is looking outdated — especially as businesses around the state increasingly rely on private security guards to protect their stores not from terror threats, but from shoplifters.\u003c/p>\n\u003cp>In late April, that reliance came to a tragic end when a security guard at a San Francisco Walgreens store near Union Square \u003ca href=\"https://www.kqed.org/news/11949558/district-attorney-releases-video-of-banko-brown-shooting-at-walgreens-wont-files-charges-against-security-gaurd\">shot and killed Banko Brown\u003c/a>, a man accused of shoplifting about $14 worth of merchandise, including a box of cereal.\u003c/p>\n\u003cp>Like the rest of the more than 301,000 licensed security guards in California, Michael Earl-Wayne Anthony, the guard at Walgreens, had been required to watch four hours of training videos focused on WMDs — but not a single minute on appropriate use of force and deescalation techniques.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We realized that these private security guards … are not taught deescalation techniques. They are not taught how to use objectively reasonable force or understand implicit and explicit cultural training.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Assemblymember Chris Holden (D-Pasadena)","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“To be honest with you, from 2004 to now, there’s not been a security officer in the state of California that’s found any weapons of mass destruction,” said David Chandler, president of the California Association of Licensed Security Agencies, Guards and Associates, or CALSAGA.\u003c/p>\n\u003cp>“I think we’re teaching the wrong subject for four hours and not teaching the security guards how to get along with people and how to protect people’s rights,” he added.\u003c/p>\n\u003cp>The Walgreens killing of Banko Brown isn’t the first time in recent years that an altercation with a security guard in California has resulted in someone’s death. In 2019, a man caught trespassing in the Golden 1 Center in Sacramento \u003ca href=\"https://www.latimes.com/california/story/2020-07-08/a-man-died-after-sacramento-police-kneeled-on-his-neck-for-four-minutes-lawsuit-alleges-police-kneeled-on-a-mans-neck-for-four-minutes-resulting-in-his-death\">ended up on life support and later died\u003c/a> after a security guard allegedly kneeled on his neck for more than four minutes.\u003c/p>\n\u003cp>That incident took on new significance after George Floyd was murdered in a similar manner the following year by a Minneapolis police officer, said Democratic state Assemblymember Chris Holden, from Pasadena.\u003c/p>\n\u003cp>“It just seemed to be so senseless,” Holden said of the death of Mario Matthews, who was found to have had methamphetamine in his system when he entered the arena around 3:30 a.m. and ran around the court pretending to dribble a basketball.\u003c/p>\n\u003cp>“We realized that these private security guards, who also carry a baton and a gun, are not trained to intervene in those kinds of situations at all,” he said. “They are not taught deescalation techniques. They are not taught how to use objectively reasonable force or understand implicit and explicit cultural training.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Matthews’ death prompted Holden to introduce \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB229\">legislation\u003c/a> in 2021 updating the training requirements for security guards. The law, which took effect in January, mandates eight hours of training in “the exercise of the appropriate use of force.”\u003c/p>\n\u003cp>The state agency overseeing security guards, the \u003ca href=\"https://www.bsis.ca.gov/\">Bureau of Security and Investigative Services\u003c/a>, is currently drafting regulations for the new training, which likely won’t be implemented until October at the earliest.\u003c/p>\n\u003cp>“The real emphasis is making sure that these private security officers are getting the appropriate training that they need to hopefully put them in a better position to use better judgment in how to address members of the public,” Holden said. “Obviously there’s a responsibility to address criminal behavior.”\u003c/p>\n\u003cp>But when $14 leads to a loss of life, he said, “we’ve got to do better.”\u003c/p>\n\u003cfigure id=\"attachment_11950897\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11950897\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65175_013_KQED_WalgreensBankoBrown_05092023-qut.jpg\" alt=\"flowers and a memorial are tied to a fence with a Walgreens store in the background\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65175_013_KQED_WalgreensBankoBrown_05092023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65175_013_KQED_WalgreensBankoBrown_05092023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65175_013_KQED_WalgreensBankoBrown_05092023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65175_013_KQED_WalgreensBankoBrown_05092023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65175_013_KQED_WalgreensBankoBrown_05092023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">People walk past a memorial for Banko Brown outside a Walgreens in San Francisco, where Brown was shot to death by a store security guard on April 27. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Holden’s bill also requires security companies to report within seven days any physical altercation between their guards and the public that results in an injury requiring medical attention, and any force used by a guard while on duty.\u003c/p>\n\u003cp>But implementing the law’s training requirement is what’s needed most urgently, said policing expert LaDoris Cordell, a retired judge who worked as San José’s independent police auditor for five years.\u003c/p>\n\u003cp>“I’d made certain assumptions about private security guards, because they are basically doing police work — and I was stunned to find out that there is no requirement that they be trained in the use of force,” she said.\u003c/p>\n\u003cp>Cordell praised the specificity of Holden’s legislation for spelling out in detail what the training needs to cover — including the limitations, responsibilities and ethics involved in making a citizen’s arrest, restrictions on searches and seizures, and criminal and civil liabilities.\u003c/p>\n\u003cp>One Bay Area security guard said the lack of any current use-of-force training — combined with evolving guidance from the security companies themselves — leaves both the public and security guards at greater risk of unnecessary altercations.\u003c/p>\n\u003cp>“I make it very clear to people: ‘No, I’m security, I’m not police.’ I don’t want to be police. But, we do need more training because a lot of people look at us as police,” said the guard, who has worked in the field for two years, and didn’t want to use his name because his employer doesn’t allow their guards to speak to the press. “You have to have training, you have to have accountability.”\u003c/p>\n\u003cp>He also noted that guards, who typically start out making less than $25 an hour, are putting themselves at personal legal risk when they engage physically with someone, regardless of what their employer has advised them to do. For example, even though the district attorney is not filing criminal charges against Anthony, the guard at Walgreens who shot Brown, he is still being sued by Brown’s family. A police officer in a similar situation generally couldn’t be sued as an individual.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Banko Brown Coverage ","tag":"banko-brown"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Chandler, of CALSAGA, agreed. He said his group supported Holden’s legislation in part because security guards are now being asked to do more than ever before — and are encountering far different responses from the public.\u003c/p>\n\u003cp>“The unhoused community — they’re pushing back now,” he said. “Years ago, they would find somebody who’s unhoused, they would say you need to move along. … Now, these guys are fighting back. They’re attacking guards. They’re getting into physical altercations with guards. So the guards really need training on deescalation tactics and getting along with people, especially people with mental issues.”\u003c/p>\n\u003cp>Chandler said responsibility also lies with the security firms that hire the guards, to make clear that human life is more important than property. The security firm that employed Anthony, Kingdom Group Protective Services, had \u003ca href=\"https://sfdistrictattorney.org/wp-content/uploads/2023/05/05.15.23-Banko-Brown-Report-.pdf\">changed its policies (PDF)\u003c/a> just weeks before Brown’s shooting, \u003ca href=\"https://www.sfchronicle.com/crime/article/walgrreens-shooting-banko-brown-security-18100148.php\">instructing its guards to be more hands-on\u003c/a> when witnessing someone trying to steal merchandise.\u003c/p>\n\u003cp>With that kind of policy, said Chandler, “you’re asking for a fight. You’re looking for a fight.”\u003c/p>\n\u003cp>“All these major companies have insurance,” he added. “You know, if you’re losing so much money that you can’t afford to be in business, well, then guess what? You can’t be in business.”\u003c/p>\n\u003cp>Cordell, the retired judge, agreed, noting that huge companies like Walgreens and the security firms are asking low-paid workers to take the risk — and fall — for them.\u003c/p>\n\u003cp>“We’re living in a society where the distance between the haves and the have-nots is getting wider and wider and wider and greater and greater,” she said. “We have this big corporation that nobody’s really looking at and saying, ‘What are you doing about this issue?’ [They know] full well that the folks that they’re bringing in are not well-trained. They’re not well-paid.”\u003c/p>\n\u003cp>And now, Cordell said, two lives are ruined.\u003c/p>\n\u003cp>“This security guard — he’s going to be messed up for the rest of his life. The family of this young man [Brown], I mean, he’s gone,” she said. “Everybody’s messed up. And yet you have the company sitting back and nobody’s kind of saying, ‘Well, wait a minute, what’s your responsibility in all of this stuff?’”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11952689/they-carry-weapons-so-why-dont-security-guards-have-to-get-use-of-force-training","authors":["3239"],"categories":["news_6188","news_8","news_13"],"tags":["news_32718","news_31246","news_22009","news_32719","news_28089","news_27858","news_17968","news_32809","news_25418","news_2211"],"featImg":"news_11952718","label":"news"},"news_11950796":{"type":"posts","id":"news_11950796","meta":{"index":"posts_1591205157","site":"news","id":"11950796","score":null,"sort":[1685127206000]},"guestAuthors":[],"slug":"banko-brown-family-files-wrongful-death-lawsuit-against-walgreens-security-company","title":"Banko Brown Family Files Wrongful Death Lawsuit Against Walgreens, Security Company","publishDate":1685127206,"format":"standard","headTitle":"Banko Brown Family Files Wrongful Death Lawsuit Against Walgreens, Security Company | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The \u003ca href=\"https://www.kqed.org/news/11950633/dozens-gather-in-san-francisco-to-grieve-celebrate-the-life-of-banko-brown\">family of 24-year-old Banko Brown\u003c/a>, who was shot and killed by a Walgreens security guard on San Francisco’s Market Street in late April, has filed a wrongful death suit against Walgreens and the security firm, Kingdom Group Protective Services.\u003c/p>\n\u003cp>The \u003ca href=\"https://bncllaw.com/BankoBrownComplaintFinal.pdf\">lawsuit (PDF)\u003c/a>, which seeks at least $25 million in damages, claims that Walgreens security guard Michael Earl-Wayne Anthony wrongfully took Brown’s life when he shot and killed him for allegedly shoplifting from the pharmacy chain. The complaint argues against Anthony’s claim that he feared for his life and acted in self-defense. It also alleges that Walgreens’ policy of hiring armed security guards fueled the problem and that dangers “were amplified by Walgreens’ instructing its security guards to confront suspected shoplifters physically,” \u003ca href=\"https://bncllaw.com/BANKO-BROWN-RELEASE.pdf\">according to a press release (PDF)\u003c/a>.\u003c/p>\n\u003cp>[aside postID=\"news_11950595,news_11950633,news_11949763\" label=\"Related Stories\"]“Anthony was on edge, a powder keg waiting to explode. Banko’s apparent shoplifting was the spark that set Michael Earl-Wayne Anthony off,” said civil rights attorney John Burris, who is representing Brown’s family in the lawsuit. “Walgreens and Kingdom Protective Services ordered their security to be more aggressive, causing their unfit security guard to blow up and kill Banko over nothing.”\u003c/p>\n\u003cp>Brown was allegedly shoplifting when Anthony confronted Brown at the door as he tried to leave the store. After the two exchanged blows, Anthony can be seen on security camera video wrestling Brown to the ground briefly, then letting him up. As Brown backs out of the Walgreens’ doorway onto the sidewalk, Anthony raises his gun and fires once, killing Brown.\u003c/p>\n\u003cp>San Francisco District Attorney Brooke Jenkins declined to press charges against the security guard, saying Anthony had \u003ca href=\"https://www.kqed.org/news/11949558/district-attorney-releases-video-of-banko-brown-shooting-at-walgreens-wont-files-charges-against-security-gaurd\">a credible case for self-defense\u003c/a>. After pushback from city leaders and the public, Jenkins released security video of the incident, as well as police reports and other evidence.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11950595/banko-browns-supporters-applaud-attorney-generals-decision-to-review-killing-after-sf-da-passes-on-prosecution\">California Attorney General Rob Bonta agreed to review the case this week\u003c/a>, following calls from family, advocates and local politicians \u003ca href=\"https://www.kqed.org/news/11949763/group-of-sf-lawmakers-seek-state-federal-intervention-in-banko-brown-killing-after-da-declines-to-prosecute\">urging state prosecutors to take a second look\u003c/a>.\u003c/p>\n\u003cp>Burris said the family’s civil lawsuit will not be affected by Bonta’s decision.\u003c/p>\n\u003cp>Brown’s family — his mother, Kevinisha Henderson, father, Terry Brown, and stepmother, Barbara Brown — were present Friday at a press conference announcing the lawsuit but did not speak to reporters.\u003c/p>\n\u003cfigure id=\"attachment_11950975\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://ww2.kqed.org/news/2023/05/26/banko-brown-family-files-wrongful-death-lawsuit-against-walgreens-security-company/05262023_bankobrownpresser-174-1/\" rel=\"attachment wp-att-11950975\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11950975\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-scaled.jpg\" alt=\"an older Black man in a suit stands at a podium in front of three easels with white boards that say 'shooting' with photos on them \" width=\"2560\" height=\"1703\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-1536x1022.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-2048x1363.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-1920x1277.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">John Burris, the family’s attorney, argues that the policies of Walgreens and the security company created a situation that led to the wrongful shooting and death of Brown. \u003ccite>(Kori Suzuki/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Burris said the killing could have been avoided if Anthony had not been armed and if Walgreens and Kingdom Group Protective Services (KGPS) had provided less confrontational instructions to their guards.\u003c/p>\n\u003cp>“The value of a human life cannot be diminished because of a station in life. This was a young person, 24 years old, whose life was taken unnecessarily as a consequence of what Walgreens did, to put in these policies that caused this officer to think for whatever reason that he can shoot and kill a person over petty theft,” Burris told reporters at the press conference.\u003c/p>\n\u003cp>“We are fully cooperating with law enforcement in the investigation of this extremely unfortunate incident and are deeply saddened by the loss of Banko Brown’s life,” Marlon D’Oyen, spokesperson for KGPS, said in an email. “At this time, we are not permitted to comment further.”\u003c/p>\n\u003cp>Walgreens did not respond to requests for comment.\u003c/p>\n\u003cp>Earlier this month, Walgreens canceled its security contract with KGPS following the shooting, \u003ca href=\"https://sfstandard.com/criminal-justice/downtown-walgreens-killing-drugstore-chain-cuts-ties-with-security-firm-after-fatal-shooting-of-banko-brown/\">according to The San Francisco Standard\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Everything the family has lost, every relationship they had with him, has been taken from them by a security guard who had no reason to shoot. And really, why he had a gun, we don’t understand that either,” Ben Nisenbaum, an attorney who filed the lawsuit with Burris. “We do think that the directives from Walgreens and Kingdom Security Group could have played a role to be more aggressive.”\u003c/p>\n\u003cp>In testimony released by prosecutors, Anthony, the security guard, told police the use-of-force policies he was expected to enforce were changed by his security company just before he shot Brown to encourage confronting shoplifters.\u003c/p>\n\u003cp>“First it was a hands-off policy; then they changed it to a hands-on policy,” Anthony \u003ca href=\"https://sfdistrictattorney.org/wp-content/uploads/2023/05/Homicide-interview-michael-anthony_Redacted.pdf\">told an SFPD homicide inspector (PDF)\u003c/a>.\u003c/p>\n\u003cp>Anthony also told investigators that Brown had threatened to stab him as they fought, which he said ultimately led to his decision to shoot. However, police did not find a knife at the scene and witnesses could not corroborate the alleged claim.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"John Burris, attorney for Banko Brown's family\"]‘This was a young person, 24 years old, whose life was taken unnecessarily as a consequence of what Walgreens did, to put in these policies that caused this officer to think for whatever reason that he can shoot and kill a person over petty theft.’[/pullquote]A trans man, Brown grew up in the foster care system and spent years struggling to find housing, and was at times unhoused. When he died, he had been sleeping on BART train cars and in his workplace, the Young Women’s Freedom Center, \u003ca href=\"https://www.sfchronicle.com/opinion/article/banko-brown-walgreens-trans-housing-18089221.php\">according to \u003cem>The San Francisco Chronicle\u003c/em>\u003c/a>. He was also an advocate there, protesting for causes on global and local scales, including for women’s rights in Iran.\u003c/p>\n\u003cp>Brown’s death drew public outcry, especially from the city’s transgender community, who point to statistics that show transgender people are more likely to experience poverty and violence. In the weeks following his death, advocates have protested in front of the Walgreens where Brown was shot and outside City Hall.\u003c/p>\n\u003cp>“No one deserves to be killed for shoplifting or arguing with a security guard. The security company put pressure on the guards to more actively physically detain shoplifters,” said Nisenbaum. “It’s clear Michael Earl-Wayne Anthony felt that pressure, and Anthony cracked under the pressure and shot and killed someone who posed no significant threat to him. He should be in jail.”\u003c/p>\n\u003cfigure id=\"attachment_11950909\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/news/2023/05/26/banko-brown-family-files-wrongful-death-lawsuit-against-walgreens-security-company/rs65884_05252023_bankobrownfuneral-474-qut/\" rel=\"attachment wp-att-11950909\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11950909\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65884_05252023_bankobrownfuneral-474-qut.jpg\" alt=\"a man with dreadlocks, in a black coat, carries a white coffin covered in flowers, with two other men in the background also holding the coffin \" width=\"1920\" height=\"1277\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65884_05252023_bankobrownfuneral-474-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65884_05252023_bankobrownfuneral-474-qut-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65884_05252023_bankobrownfuneral-474-qut-1020x678.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65884_05252023_bankobrownfuneral-474-qut-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65884_05252023_bankobrownfuneral-474-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Calvin Breedlove (center), Banko Brown’s cousin, and others escort Brown’s coffin out of the historic Third Baptist Church in San Francisco after Brown’s funeral on May 25. \u003ccite>(Kori Suzuki/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Board of Supervisors President Aaron Peskin told KQED that recent policy changes at Walgreens around shoplifting may have been at fault, but a lack of criminal charges against Anthony is perhaps the larger issue.\u003c/p>\n\u003cp>“Clearly, Walgreens and the security company helped create the circumstances where this guard, he wasn’t supplied with a baton, and the lack of training, and the changing of rules are all deeply troubling,” Peskin said. “There may be a larger societal message about the culpability of Walgreens and the security firm, but I think the most important thing for society to see is that the government’s justice function is meting out justice fairly.”\u003c/p>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/11950633/dozens-gather-in-san-francisco-to-grieve-celebrate-the-life-of-banko-brown\">funeral for Brown was held Thursday at Third Baptist Church in San Francisco’s Western Addition\u003c/a>, a historically Black neighborhood. Outside the service, Brown’s cousin De’von Hamilton said Brown had “a lot of energy” and was “a very big people person.”\u003c/p>\n\u003cp>“Very welcoming, very loving, very caring,” he said.\u003c/p>\n\u003cp>Brown’s mentor, Xavier Davenport, said Brown was an advocate for marginalized people and that the world was lesser without him in it. Brown was “a very quiet person, but also funny. But in it all, experienced a lot of disenfranchisement in his own life while trying to stand up for others.”\u003c/p>\n\u003cp>\u003cem>KQED’s Billy Cruz contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The suit alleges that Walgreens' hiring of armed guards, including the man who shot and killed Brown, and instructing them to confront suspected shoplifters created a 'powder keg.'","status":"publish","parent":0,"modified":1685140390,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":1338},"headData":{"title":"Banko Brown Family Files Wrongful Death Lawsuit Against Walgreens, Security Company | KQED","description":"The suit alleges that Walgreens' hiring of armed guards, including the man who shot and killed Brown, and instructing them to confront suspected shoplifters created a 'powder keg.'","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11950796/banko-brown-family-files-wrongful-death-lawsuit-against-walgreens-security-company","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The \u003ca href=\"https://www.kqed.org/news/11950633/dozens-gather-in-san-francisco-to-grieve-celebrate-the-life-of-banko-brown\">family of 24-year-old Banko Brown\u003c/a>, who was shot and killed by a Walgreens security guard on San Francisco’s Market Street in late April, has filed a wrongful death suit against Walgreens and the security firm, Kingdom Group Protective Services.\u003c/p>\n\u003cp>The \u003ca href=\"https://bncllaw.com/BankoBrownComplaintFinal.pdf\">lawsuit (PDF)\u003c/a>, which seeks at least $25 million in damages, claims that Walgreens security guard Michael Earl-Wayne Anthony wrongfully took Brown’s life when he shot and killed him for allegedly shoplifting from the pharmacy chain. The complaint argues against Anthony’s claim that he feared for his life and acted in self-defense. It also alleges that Walgreens’ policy of hiring armed security guards fueled the problem and that dangers “were amplified by Walgreens’ instructing its security guards to confront suspected shoplifters physically,” \u003ca href=\"https://bncllaw.com/BANKO-BROWN-RELEASE.pdf\">according to a press release (PDF)\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11950595,news_11950633,news_11949763","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Anthony was on edge, a powder keg waiting to explode. Banko’s apparent shoplifting was the spark that set Michael Earl-Wayne Anthony off,” said civil rights attorney John Burris, who is representing Brown’s family in the lawsuit. “Walgreens and Kingdom Protective Services ordered their security to be more aggressive, causing their unfit security guard to blow up and kill Banko over nothing.”\u003c/p>\n\u003cp>Brown was allegedly shoplifting when Anthony confronted Brown at the door as he tried to leave the store. After the two exchanged blows, Anthony can be seen on security camera video wrestling Brown to the ground briefly, then letting him up. As Brown backs out of the Walgreens’ doorway onto the sidewalk, Anthony raises his gun and fires once, killing Brown.\u003c/p>\n\u003cp>San Francisco District Attorney Brooke Jenkins declined to press charges against the security guard, saying Anthony had \u003ca href=\"https://www.kqed.org/news/11949558/district-attorney-releases-video-of-banko-brown-shooting-at-walgreens-wont-files-charges-against-security-gaurd\">a credible case for self-defense\u003c/a>. After pushback from city leaders and the public, Jenkins released security video of the incident, as well as police reports and other evidence.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11950595/banko-browns-supporters-applaud-attorney-generals-decision-to-review-killing-after-sf-da-passes-on-prosecution\">California Attorney General Rob Bonta agreed to review the case this week\u003c/a>, following calls from family, advocates and local politicians \u003ca href=\"https://www.kqed.org/news/11949763/group-of-sf-lawmakers-seek-state-federal-intervention-in-banko-brown-killing-after-da-declines-to-prosecute\">urging state prosecutors to take a second look\u003c/a>.\u003c/p>\n\u003cp>Burris said the family’s civil lawsuit will not be affected by Bonta’s decision.\u003c/p>\n\u003cp>Brown’s family — his mother, Kevinisha Henderson, father, Terry Brown, and stepmother, Barbara Brown — were present Friday at a press conference announcing the lawsuit but did not speak to reporters.\u003c/p>\n\u003cfigure id=\"attachment_11950975\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://ww2.kqed.org/news/2023/05/26/banko-brown-family-files-wrongful-death-lawsuit-against-walgreens-security-company/05262023_bankobrownpresser-174-1/\" rel=\"attachment wp-att-11950975\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11950975\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-scaled.jpg\" alt=\"an older Black man in a suit stands at a podium in front of three easels with white boards that say 'shooting' with photos on them \" width=\"2560\" height=\"1703\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-1536x1022.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-2048x1363.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/05262023_bankobrownpresser-174-1-1920x1277.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">John Burris, the family’s attorney, argues that the policies of Walgreens and the security company created a situation that led to the wrongful shooting and death of Brown. \u003ccite>(Kori Suzuki/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Burris said the killing could have been avoided if Anthony had not been armed and if Walgreens and Kingdom Group Protective Services (KGPS) had provided less confrontational instructions to their guards.\u003c/p>\n\u003cp>“The value of a human life cannot be diminished because of a station in life. This was a young person, 24 years old, whose life was taken unnecessarily as a consequence of what Walgreens did, to put in these policies that caused this officer to think for whatever reason that he can shoot and kill a person over petty theft,” Burris told reporters at the press conference.\u003c/p>\n\u003cp>“We are fully cooperating with law enforcement in the investigation of this extremely unfortunate incident and are deeply saddened by the loss of Banko Brown’s life,” Marlon D’Oyen, spokesperson for KGPS, said in an email. “At this time, we are not permitted to comment further.”\u003c/p>\n\u003cp>Walgreens did not respond to requests for comment.\u003c/p>\n\u003cp>Earlier this month, Walgreens canceled its security contract with KGPS following the shooting, \u003ca href=\"https://sfstandard.com/criminal-justice/downtown-walgreens-killing-drugstore-chain-cuts-ties-with-security-firm-after-fatal-shooting-of-banko-brown/\">according to The San Francisco Standard\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Everything the family has lost, every relationship they had with him, has been taken from them by a security guard who had no reason to shoot. And really, why he had a gun, we don’t understand that either,” Ben Nisenbaum, an attorney who filed the lawsuit with Burris. “We do think that the directives from Walgreens and Kingdom Security Group could have played a role to be more aggressive.”\u003c/p>\n\u003cp>In testimony released by prosecutors, Anthony, the security guard, told police the use-of-force policies he was expected to enforce were changed by his security company just before he shot Brown to encourage confronting shoplifters.\u003c/p>\n\u003cp>“First it was a hands-off policy; then they changed it to a hands-on policy,” Anthony \u003ca href=\"https://sfdistrictattorney.org/wp-content/uploads/2023/05/Homicide-interview-michael-anthony_Redacted.pdf\">told an SFPD homicide inspector (PDF)\u003c/a>.\u003c/p>\n\u003cp>Anthony also told investigators that Brown had threatened to stab him as they fought, which he said ultimately led to his decision to shoot. However, police did not find a knife at the scene and witnesses could not corroborate the alleged claim.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘This was a young person, 24 years old, whose life was taken unnecessarily as a consequence of what Walgreens did, to put in these policies that caused this officer to think for whatever reason that he can shoot and kill a person over petty theft.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"John Burris, attorney for Banko Brown's family","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>A trans man, Brown grew up in the foster care system and spent years struggling to find housing, and was at times unhoused. When he died, he had been sleeping on BART train cars and in his workplace, the Young Women’s Freedom Center, \u003ca href=\"https://www.sfchronicle.com/opinion/article/banko-brown-walgreens-trans-housing-18089221.php\">according to \u003cem>The San Francisco Chronicle\u003c/em>\u003c/a>. He was also an advocate there, protesting for causes on global and local scales, including for women’s rights in Iran.\u003c/p>\n\u003cp>Brown’s death drew public outcry, especially from the city’s transgender community, who point to statistics that show transgender people are more likely to experience poverty and violence. In the weeks following his death, advocates have protested in front of the Walgreens where Brown was shot and outside City Hall.\u003c/p>\n\u003cp>“No one deserves to be killed for shoplifting or arguing with a security guard. The security company put pressure on the guards to more actively physically detain shoplifters,” said Nisenbaum. “It’s clear Michael Earl-Wayne Anthony felt that pressure, and Anthony cracked under the pressure and shot and killed someone who posed no significant threat to him. He should be in jail.”\u003c/p>\n\u003cfigure id=\"attachment_11950909\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/news/2023/05/26/banko-brown-family-files-wrongful-death-lawsuit-against-walgreens-security-company/rs65884_05252023_bankobrownfuneral-474-qut/\" rel=\"attachment wp-att-11950909\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11950909\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65884_05252023_bankobrownfuneral-474-qut.jpg\" alt=\"a man with dreadlocks, in a black coat, carries a white coffin covered in flowers, with two other men in the background also holding the coffin \" width=\"1920\" height=\"1277\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65884_05252023_bankobrownfuneral-474-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65884_05252023_bankobrownfuneral-474-qut-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65884_05252023_bankobrownfuneral-474-qut-1020x678.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65884_05252023_bankobrownfuneral-474-qut-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65884_05252023_bankobrownfuneral-474-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Calvin Breedlove (center), Banko Brown’s cousin, and others escort Brown’s coffin out of the historic Third Baptist Church in San Francisco after Brown’s funeral on May 25. \u003ccite>(Kori Suzuki/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Board of Supervisors President Aaron Peskin told KQED that recent policy changes at Walgreens around shoplifting may have been at fault, but a lack of criminal charges against Anthony is perhaps the larger issue.\u003c/p>\n\u003cp>“Clearly, Walgreens and the security company helped create the circumstances where this guard, he wasn’t supplied with a baton, and the lack of training, and the changing of rules are all deeply troubling,” Peskin said. “There may be a larger societal message about the culpability of Walgreens and the security firm, but I think the most important thing for society to see is that the government’s justice function is meting out justice fairly.”\u003c/p>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/11950633/dozens-gather-in-san-francisco-to-grieve-celebrate-the-life-of-banko-brown\">funeral for Brown was held Thursday at Third Baptist Church in San Francisco’s Western Addition\u003c/a>, a historically Black neighborhood. Outside the service, Brown’s cousin De’von Hamilton said Brown had “a lot of energy” and was “a very big people person.”\u003c/p>\n\u003cp>“Very welcoming, very loving, very caring,” he said.\u003c/p>\n\u003cp>Brown’s mentor, Xavier Davenport, said Brown was an advocate for marginalized people and that the world was lesser without him in it. Brown was “a very quiet person, but also funny. But in it all, experienced a lot of disenfranchisement in his own life while trying to stand up for others.”\u003c/p>\n\u003cp>\u003cem>KQED’s Billy Cruz contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11950796/banko-brown-family-files-wrongful-death-lawsuit-against-walgreens-security-company","authors":["11690","11840"],"categories":["news_8"],"tags":["news_32718","news_27626","news_2211"],"featImg":"news_11950977","label":"news"},"news_11950595":{"type":"posts","id":"news_11950595","meta":{"index":"posts_1591205157","site":"news","id":"11950595","score":null,"sort":[1684972096000]},"guestAuthors":[],"slug":"banko-browns-supporters-applaud-attorney-generals-decision-to-review-killing-after-sf-da-passes-on-prosecution","title":"Banko Brown's Supporters Applaud Attorney General's Decision to Review Killing After SF DA Passes on Prosecution","publishDate":1684972096,"format":"standard","headTitle":"Banko Brown’s Supporters Applaud Attorney General’s Decision to Review Killing After SF DA Passes on Prosecution | KQED","labelTerm":{"site":"news"},"content":"\u003cp>California Attorney General Rob Bonta will review whether San Francisco District Attorney Brooke Jenkins abused her discretion when she \u003ca href=\"https://www.kqed.org/news/11949558/district-attorney-releases-video-of-banko-brown-shooting-at-walgreens-wont-files-charges-against-security-gaurd\">decided not to prosecute a security guard who shot and killed an alleged shoplifter at a San Francisco Walgreens last month\u003c/a>.\u003c/p>\n\u003cp>Bonta’s decision to reexamine the case was celebrated by family and supporters of 24-year-old Banko Brown, a Black trans man who was unarmed at the time of his killing by Michael Earl-Wayne Anthony.\u003c/p>\n\u003cp>“All our protests and requests for the AG and federal authorities to get in were a Hail Mary,” Geoffrea Morris, attorney and co-founder of Black Women Revolt Against Domestic Violence, told KQED. “It is a breath of fresh air to know that justice can possibly be served on the criminal level for Banko Brown, and we are so thankful.”\u003c/p>\n\u003cp>John Burris, a civil rights attorney representing Brown’s family, has said he plans to file lawsuits against Walgreens and Kingdom Group Protective Services, the security company contracted by Walgreens that employed Anthony. \u003ca href=\"https://www.sfchronicle.com/bayarea/article/walgreens-banko-brown-security-company-18110231.php\">Walgreens has since cut ties with Kingdom Group Protective Services.\u003c/a>\u003c/p>\n\u003cp>“Do unto others as you would have them do unto you. And if you don’t want anyone insulting and assaulting your humanity, then you don’t do it to others. That’s it,” said Rev. Amos Brown, president of the San Francisco branch of the NAACP and pastor of the Third Baptist Church of San Francisco.\u003c/p>\n\u003cp>Banko Brown’s family was involved with the church, and his funeral is set to take place there Thursday morning.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>On April 27, Anthony shot and killed Brown, who was said to be living unhoused in San Francisco at the time, after Brown allegedly attempted to shoplift from the store’s 825 Market Street location. Brown had no weapons.\u003c/p>\n\u003cp>Shortly after the fatal incident, Jenkins announced she would not file charges against Anthony, saying he acted in self-defense.\u003c/p>\n\u003cp>\u003ca href=\"https://sfstandard.com/criminal-justice/banko-brown-protesters-rage-outside-walgreens-after-da-jenkins-decision/\">Protests erupted over the DA’s decision.\u003c/a> City leaders then \u003ca href=\"https://www.kqed.org/news/11948964/san-francisco-supervisors-raise-pressure-on-da-to-release-video-of-banko-brown-killing\">called for Jenkins to release the store’s surveillance footage of the event\u003c/a>, which Jenkins agreed to.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11949558/district-attorney-releases-video-of-banko-brown-shooting-at-walgreens-wont-files-charges-against-security-gaurd\">video\u003c/a> shows Anthony confronting Brown as he attempts to exit the store. The moment quickly escalates, and Anthony beats Brown to the ground. As Brown gets up and walks outside, Anthony draws his weapon and shoots Brown, who falls to the ground.\u003c/p>\n\u003cp>[aside postID=news_11949558 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/05/1-crop-1020x765.jpg']Anthony later told investigators that Brown had threatened to stab him. Witnesses could not corroborate the claim. Police did not recover a knife from Brown’s bag or the scene.\u003c/p>\n\u003cp>The footage prompted calls for state and federal prosecutors to review the case.\u003c/p>\n\u003cp>“I’ve repeatedly watched the video and reviewed the other released evidence, and I honestly cannot see a justification for this shooting,” state Sen. Scott Wiener (D-San Francisco) said in a public statement after the video’s release. “While shoplifting is a problem in San Francisco that needs to be addressed, shooting someone for shoplifting is truly horrific and must never be tolerated.”\u003c/p>\n\u003cp>On Tuesday, shortly after Bonta announced he would review Brown’s case, the Board of Supervisors went through with a planned vote, unanimously urging Bonta to do so.\u003c/p>\n\u003cp>“I think it makes sense in this situation for sure [to review the DA’s decision],” said Supervisor Ahsha Safaí. “There’s nothing wrong with an additional set of eyes.”\u003c/p>\n\u003cp>Bonta’s office did not provide a timeline on when a decision will be made regarding his review of the case. The review does not guarantee that charges will be filed.\u003c/p>\n\u003cp>“Banko Brown’s death was a tragedy, and I join his friends and family in wishing he was still here today,” Jenkins said in a press release. “We provided the highest degree of transparency possible that we could with this case. We welcome the Attorney General’s review and will assist and cooperate as needed.”\u003c/p>\n\u003cp>[aside label='Banko Brown Coverage' tag='banko-brown']This is the second time one of Jenkins’ decisions in a police killing has come under review by the state’s justice department since she took office in July 2022.\u003c/p>\n\u003cp>On May 19, \u003ca href=\"https://www.kqed.org/news/11950226/judge-dismisses-case-for-san-francisco-police-officer-who-shot-and-killed-keita-oneil\">Bonta announced he would not file charges against former San Francisco police officer Christopher Samayoa\u003c/a>, who in 2017 shot and killed carjacking suspect Keita O’Neil in the Bayview neighborhood during a chase. O’Neil was on foot when Samayoa shot him through the window of his police car, video footage of the incident shows.\u003c/p>\n\u003cp>Jenkins’ predecessor, Chesa Boudin, pursued homicide charges against Samayoa, who was on his fourth day on the job when he killed O’Neil. Jenkins dropped the case when she assumed office following a successful recall effort against Boudin, claiming the initial charges were politically motivated. Bonta agreed to review the case, but ultimately sided with Jenkins.\u003c/p>\n\u003cp>O’Neil’s aunt, April Green, was dismayed by Bonta’s decision to drop the case and expressed sympathies with and concerns for Brown’s family, whom she sees as undergoing a similar situation.\u003c/p>\n\u003cp>“We’re excited that AG Bonta has decided to review the case. We hope we have better outcomes than the recent Keita O’Neil case, which he refused to charge,” said Morris, the attorney with Black Women Revolt Against Domestic Violence. “We are all cautious too that the review could just be smoke and mirrors to settle the community down.”\u003c/p>\n\u003cp>\u003cem>KQED’s Billy Cruz contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Protests erupted over San Francisco District Attorney Brooke Jenkins' decision not to charge the Walgreens security guard who shot and killed Brown for allegedly shoplifting.","status":"publish","parent":0,"modified":1684976386,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":965},"headData":{"title":"Banko Brown's Supporters Applaud Attorney General's Decision to Review Killing After SF DA Passes on Prosecution | KQED","description":"Protests erupted over San Francisco District Attorney Brooke Jenkins' decision not to charge the Walgreens security guard who shot and killed Brown for allegedly shoplifting.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11950595/banko-browns-supporters-applaud-attorney-generals-decision-to-review-killing-after-sf-da-passes-on-prosecution","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California Attorney General Rob Bonta will review whether San Francisco District Attorney Brooke Jenkins abused her discretion when she \u003ca href=\"https://www.kqed.org/news/11949558/district-attorney-releases-video-of-banko-brown-shooting-at-walgreens-wont-files-charges-against-security-gaurd\">decided not to prosecute a security guard who shot and killed an alleged shoplifter at a San Francisco Walgreens last month\u003c/a>.\u003c/p>\n\u003cp>Bonta’s decision to reexamine the case was celebrated by family and supporters of 24-year-old Banko Brown, a Black trans man who was unarmed at the time of his killing by Michael Earl-Wayne Anthony.\u003c/p>\n\u003cp>“All our protests and requests for the AG and federal authorities to get in were a Hail Mary,” Geoffrea Morris, attorney and co-founder of Black Women Revolt Against Domestic Violence, told KQED. “It is a breath of fresh air to know that justice can possibly be served on the criminal level for Banko Brown, and we are so thankful.”\u003c/p>\n\u003cp>John Burris, a civil rights attorney representing Brown’s family, has said he plans to file lawsuits against Walgreens and Kingdom Group Protective Services, the security company contracted by Walgreens that employed Anthony. \u003ca href=\"https://www.sfchronicle.com/bayarea/article/walgreens-banko-brown-security-company-18110231.php\">Walgreens has since cut ties with Kingdom Group Protective Services.\u003c/a>\u003c/p>\n\u003cp>“Do unto others as you would have them do unto you. And if you don’t want anyone insulting and assaulting your humanity, then you don’t do it to others. That’s it,” said Rev. Amos Brown, president of the San Francisco branch of the NAACP and pastor of the Third Baptist Church of San Francisco.\u003c/p>\n\u003cp>Banko Brown’s family was involved with the church, and his funeral is set to take place there Thursday morning.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On April 27, Anthony shot and killed Brown, who was said to be living unhoused in San Francisco at the time, after Brown allegedly attempted to shoplift from the store’s 825 Market Street location. Brown had no weapons.\u003c/p>\n\u003cp>Shortly after the fatal incident, Jenkins announced she would not file charges against Anthony, saying he acted in self-defense.\u003c/p>\n\u003cp>\u003ca href=\"https://sfstandard.com/criminal-justice/banko-brown-protesters-rage-outside-walgreens-after-da-jenkins-decision/\">Protests erupted over the DA’s decision.\u003c/a> City leaders then \u003ca href=\"https://www.kqed.org/news/11948964/san-francisco-supervisors-raise-pressure-on-da-to-release-video-of-banko-brown-killing\">called for Jenkins to release the store’s surveillance footage of the event\u003c/a>, which Jenkins agreed to.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11949558/district-attorney-releases-video-of-banko-brown-shooting-at-walgreens-wont-files-charges-against-security-gaurd\">video\u003c/a> shows Anthony confronting Brown as he attempts to exit the store. The moment quickly escalates, and Anthony beats Brown to the ground. As Brown gets up and walks outside, Anthony draws his weapon and shoots Brown, who falls to the ground.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11949558","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/05/1-crop-1020x765.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Anthony later told investigators that Brown had threatened to stab him. Witnesses could not corroborate the claim. Police did not recover a knife from Brown’s bag or the scene.\u003c/p>\n\u003cp>The footage prompted calls for state and federal prosecutors to review the case.\u003c/p>\n\u003cp>“I’ve repeatedly watched the video and reviewed the other released evidence, and I honestly cannot see a justification for this shooting,” state Sen. Scott Wiener (D-San Francisco) said in a public statement after the video’s release. “While shoplifting is a problem in San Francisco that needs to be addressed, shooting someone for shoplifting is truly horrific and must never be tolerated.”\u003c/p>\n\u003cp>On Tuesday, shortly after Bonta announced he would review Brown’s case, the Board of Supervisors went through with a planned vote, unanimously urging Bonta to do so.\u003c/p>\n\u003cp>“I think it makes sense in this situation for sure [to review the DA’s decision],” said Supervisor Ahsha Safaí. “There’s nothing wrong with an additional set of eyes.”\u003c/p>\n\u003cp>Bonta’s office did not provide a timeline on when a decision will be made regarding his review of the case. The review does not guarantee that charges will be filed.\u003c/p>\n\u003cp>“Banko Brown’s death was a tragedy, and I join his friends and family in wishing he was still here today,” Jenkins said in a press release. “We provided the highest degree of transparency possible that we could with this case. We welcome the Attorney General’s review and will assist and cooperate as needed.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Banko Brown Coverage ","tag":"banko-brown"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>This is the second time one of Jenkins’ decisions in a police killing has come under review by the state’s justice department since she took office in July 2022.\u003c/p>\n\u003cp>On May 19, \u003ca href=\"https://www.kqed.org/news/11950226/judge-dismisses-case-for-san-francisco-police-officer-who-shot-and-killed-keita-oneil\">Bonta announced he would not file charges against former San Francisco police officer Christopher Samayoa\u003c/a>, who in 2017 shot and killed carjacking suspect Keita O’Neil in the Bayview neighborhood during a chase. O’Neil was on foot when Samayoa shot him through the window of his police car, video footage of the incident shows.\u003c/p>\n\u003cp>Jenkins’ predecessor, Chesa Boudin, pursued homicide charges against Samayoa, who was on his fourth day on the job when he killed O’Neil. Jenkins dropped the case when she assumed office following a successful recall effort against Boudin, claiming the initial charges were politically motivated. Bonta agreed to review the case, but ultimately sided with Jenkins.\u003c/p>\n\u003cp>O’Neil’s aunt, April Green, was dismayed by Bonta’s decision to drop the case and expressed sympathies with and concerns for Brown’s family, whom she sees as undergoing a similar situation.\u003c/p>\n\u003cp>“We’re excited that AG Bonta has decided to review the case. We hope we have better outcomes than the recent Keita O’Neil case, which he refused to charge,” said Morris, the attorney with Black Women Revolt Against Domestic Violence. “We are all cautious too that the review could just be smoke and mirrors to settle the community down.”\u003c/p>\n\u003cp>\u003cem>KQED’s Billy Cruz contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11950595/banko-browns-supporters-applaud-attorney-generals-decision-to-review-killing-after-sf-da-passes-on-prosecution","authors":["11840"],"categories":["news_6188","news_8"],"tags":["news_32718","news_31298","news_17725","news_3674","news_38","news_2211"],"featImg":"news_11950608","label":"news"},"news_11949888":{"type":"posts","id":"news_11949888","meta":{"index":"posts_1591205157","site":"news","id":"11949888","score":null,"sort":[1684414369000]},"guestAuthors":[],"slug":"walgreens-pay-san-francisco-230-million-opioid-crisis","title":"Walgreens to Pay San Francisco $230 Million for Role in Opioid Crisis","publishDate":1684414369,"format":"standard","headTitle":"Walgreens to Pay San Francisco $230 Million for Role in Opioid Crisis | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Walgreens will pay San Francisco nearly $230 million over 14 years as part of a settlement agreement over the pharmacy giant’s role in the \u003ca href=\"https://www.kqed.org/news/11945418/san-francisco-has-doubled-participants-of-this-opioid-treatment-heres-why\">opioid epidemic\u003c/a>, city officials announced Wednesday.\u003c/p>\n\u003cp>The settlement stems from landmark litigation San Francisco brought against Walgreens in 2018, and comes as part of a larger legal effort against the drug industry for fueling the opioid industry.\u003c/p>\n\u003cp>“Opioids have wreaked havoc across our nation, leading to immense suffering and untold damage,” said City Attorney David Chiu. “This historic agreement ensures Walgreens is held accountable for the crisis they fueled and our city receives appropriate resources to combat the opioid crisis and bring relief to our communities.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[ad fullwidth]\u003c/span>\u003c/p>\n\u003cp>Although Walgreens will pay the settlement over 14 years, the bulk of the funding will be released sooner: Up to $57 million will be available in the city’s current budget cycle — part of $175 million San Francisco should receive by 2030, Chiu said.\u003c/p>\n\u003cp>“While we are grateful for the funding secured in this lawsuit, it won’t replace the thousands of lives lost to the opioid epidemic that is playing out across our country. Lives are being devastated, particularly with the rise of fentanyl, and cities are being left to respond to what is a generational crisis,” said San Francisco Mayor London Breed. “We will incorporate the plans to use this funding in our upcoming budget, which is currently being finalized and must be submitted to the Board of Supervisors by the end of the month. I look forward to working with the board members on this as part of our overall budget process.”\u003c/p>\n\u003cp>The litigation will now be dismissed, and Breed and the Board of Supervisors must next approve the settlement agreement.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[aside label='More Stories on Health' tag='health']\u003c/span>\u003c/p>\n\u003cp>Since 2018, San Francisco has sued multiple opioid manufacturers, distributors and dispensers, and Walgreens was the last defendant to reach a settlement agreement with the city. In total, San Francisco stands to receive $352 million over the next 15 years.\u003c/p>\n\u003cp>In April, the city settled lawsuits over \u003ca href=\"https://www.kqed.org/news/11946346/walmart-cvs-set-to-pay-san-francisco-19-million-in-opioid-settlements\">Walmart’s and CVS Pharmacy’s alleged negligent oversight\u003c/a> of opioid prescription practices; San Francisco is slated to receive up to $18.8 million from those settlements. In 2022, the city attorney’s office secured a $10 million settlement from Endo, a pharmaceutical company, and $54 million from drug manufacturers Allergan and Teva. And, the city approved a $45 million settlement with Johnson & Johnson, which manufactures opioids, and distributors including Cardinal, AmerisourceBergen and McKesson.\u003c/p>\n\u003cp>“The evidence at trial established that from 2006 to 2020, Walgreens pharmacies in San Francisco dispensed hundreds of thousands of red-flag opioid prescriptions without performing adequate due diligence,” said presiding judge Charles Breyer of the U.S. District Court of the Northern District of California. “Tens of thousands of these prescriptions were written by doctors with suspect prescribing patterns.”\u003c/p>\n\u003cp>The funds are said to be earmarked for overdose prevention, such as distributing Narcan, a nasal spray or injectable that can reverse an opioid overdose.\u003c/p>\n\u003cp>Advocates for overdose prevention have also called for the millions of dollars in opioid litigation settlements to be used for \u003ca href=\"https://www.kqed.org/news/11943309/sf-supervisors-carve-path-for-privately-run-safe-consumption-sites-but-can-nonprofits-fund-them-alone\">safe consumption sites\u003c/a>, facilities where people can consume illicit substances under medical supervision. The idea is to have trained staff available to reverse an overdose if one takes place, and work with drug users to connect them to other health and social services. It also gives drug users a safer place to be rather than the street.[pullquote size=\"medium\" align=\"right\" citation=\"Judge Charles Breyer, US District Court of the Northern District of California\"]‘Tens of thousands of these prescriptions were written by doctors with suspect prescribing patterns.’[/pullquote]Supervisor Hillary Ronen said she is advocating for a portion of the settlement funds to cover overdose prevention services at “wellness hubs” the city plans to open in the Tenderloin, Mission and South of Market neighborhoods. She said she would also like to see the funding used to hire case managers who could do proactive outreach and trust-building with hard-to-reach people living on the street and experiencing substance use disorder.\u003c/p>\n\u003cp>Chiu said he supports safe consumption sites as a tool to combat overdoses, but has not agreed to use the opioid litigation funds for the sites because of legal disagreements over whether this would run afoul of state and federal law.\u003c/p>\n\u003cfigure id=\"attachment_11949901\" class=\"wp-caption aligncenter\" style=\"max-width: 720px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11949901\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/image.png\" alt=\"Dozens of distinguished men and women in business suits and dress stand in front of a large, gray building with gold accents. Everyone is posing for a photograph.\" width=\"720\" height=\"540\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/image.png 720w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/image-160x120.png 160w\" sizes=\"(max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">City Attorney David Chiu (second row, center, in blue suit and yellow tie) stands with health director Grant Colfax (third row, center) and former City Attorney Louise Renne (second row, far left, in dark blue suit) and attorneys who led the case against Walgreens for its role in the opioid crisis. \u003ccite>(Sydney Johnson/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2022, Gov. Gavin Newsom vetoed a bill that would have allowed San Francisco to pilot safe consumption sites, which are used in more than a dozen countries around the globe.\u003c/p>\n\u003cp>Rhode Island passed a similar bill, and is now planning to open a site in 2024 that would use some of that state’s funding from similar opioid litigation wins.\u003c/p>\n\u003cp>Meanwhile, New York City has been operating a safe consumption facility using a model that doesn’t rely on public funding — but long-term financing is an ongoing challenge. Staff at the site, run by the nonprofit OnPoint NYC, have reversed more than 800 overdoses, executive director Sam Rivera told Politico earlier this month. New York City Mayor Eric Adams has said he is looking to expand the model.\u003c/p>\n\u003cp>“I have been a long-time supporter of the possibility that San Francisco should consider safe consumption sites,” Chiu said. “In New York, there has been a nonprofit that has moved forward with safe consumption sites without city staff, funding or property. I think that would be appropriate for us to do here in San Francisco, but those conversations continue.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[aside postID=news_11944267 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS51826_068_Oakland_HighlandHospitalBridgeProgram_10062021-qut-1020x680.jpg']\u003c/span>\u003c/p>\n\u003cp>But local nonprofits in San Francisco that want to operate safe consumption services say they will be hard to fully fund without support from the city’s opioid litigation funds.\u003c/p>\n\u003cp>Chiu said his office is in conversation with leaders in Rhode Island, but he stressed that Newsom’s veto in 2022 makes the situation harder here in San Francisco.\u003c/p>\n\u003cp>“Rhode Island is the only state in the country where the state legislature passed a law signed by the governor that would permit safe consumption sites,” he said. “That’s not the case here in California.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"San Francisco projects it will receive a total of $350 million over the next 15 years from multiple settlements with opioid manufacturers, distributors and dispensers.","status":"publish","parent":0,"modified":1684444605,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1122},"headData":{"title":"Walgreens to Pay San Francisco $230 Million for Role in Opioid Crisis | KQED","description":"San Francisco projects it will receive a total of $350 million over the next 15 years from multiple settlements with opioid manufacturers, distributors and dispensers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11949888/walgreens-pay-san-francisco-230-million-opioid-crisis","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Walgreens will pay San Francisco nearly $230 million over 14 years as part of a settlement agreement over the pharmacy giant’s role in the \u003ca href=\"https://www.kqed.org/news/11945418/san-francisco-has-doubled-participants-of-this-opioid-treatment-heres-why\">opioid epidemic\u003c/a>, city officials announced Wednesday.\u003c/p>\n\u003cp>The settlement stems from landmark litigation San Francisco brought against Walgreens in 2018, and comes as part of a larger legal effort against the drug industry for fueling the opioid industry.\u003c/p>\n\u003cp>“Opioids have wreaked havoc across our nation, leading to immense suffering and untold damage,” said City Attorney David Chiu. “This historic agreement ensures Walgreens is held accountable for the crisis they fueled and our city receives appropriate resources to combat the opioid crisis and bring relief to our communities.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>Although Walgreens will pay the settlement over 14 years, the bulk of the funding will be released sooner: Up to $57 million will be available in the city’s current budget cycle — part of $175 million San Francisco should receive by 2030, Chiu said.\u003c/p>\n\u003cp>“While we are grateful for the funding secured in this lawsuit, it won’t replace the thousands of lives lost to the opioid epidemic that is playing out across our country. Lives are being devastated, particularly with the rise of fentanyl, and cities are being left to respond to what is a generational crisis,” said San Francisco Mayor London Breed. “We will incorporate the plans to use this funding in our upcoming budget, which is currently being finalized and must be submitted to the Board of Supervisors by the end of the month. I look forward to working with the board members on this as part of our overall budget process.”\u003c/p>\n\u003cp>The litigation will now be dismissed, and Breed and the Board of Supervisors must next approve the settlement agreement.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Stories on Health ","tag":"health"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>Since 2018, San Francisco has sued multiple opioid manufacturers, distributors and dispensers, and Walgreens was the last defendant to reach a settlement agreement with the city. In total, San Francisco stands to receive $352 million over the next 15 years.\u003c/p>\n\u003cp>In April, the city settled lawsuits over \u003ca href=\"https://www.kqed.org/news/11946346/walmart-cvs-set-to-pay-san-francisco-19-million-in-opioid-settlements\">Walmart’s and CVS Pharmacy’s alleged negligent oversight\u003c/a> of opioid prescription practices; San Francisco is slated to receive up to $18.8 million from those settlements. In 2022, the city attorney’s office secured a $10 million settlement from Endo, a pharmaceutical company, and $54 million from drug manufacturers Allergan and Teva. And, the city approved a $45 million settlement with Johnson & Johnson, which manufactures opioids, and distributors including Cardinal, AmerisourceBergen and McKesson.\u003c/p>\n\u003cp>“The evidence at trial established that from 2006 to 2020, Walgreens pharmacies in San Francisco dispensed hundreds of thousands of red-flag opioid prescriptions without performing adequate due diligence,” said presiding judge Charles Breyer of the U.S. District Court of the Northern District of California. “Tens of thousands of these prescriptions were written by doctors with suspect prescribing patterns.”\u003c/p>\n\u003cp>The funds are said to be earmarked for overdose prevention, such as distributing Narcan, a nasal spray or injectable that can reverse an opioid overdose.\u003c/p>\n\u003cp>Advocates for overdose prevention have also called for the millions of dollars in opioid litigation settlements to be used for \u003ca href=\"https://www.kqed.org/news/11943309/sf-supervisors-carve-path-for-privately-run-safe-consumption-sites-but-can-nonprofits-fund-them-alone\">safe consumption sites\u003c/a>, facilities where people can consume illicit substances under medical supervision. The idea is to have trained staff available to reverse an overdose if one takes place, and work with drug users to connect them to other health and social services. It also gives drug users a safer place to be rather than the street.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Tens of thousands of these prescriptions were written by doctors with suspect prescribing patterns.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Judge Charles Breyer, US District Court of the Northern District of California","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Supervisor Hillary Ronen said she is advocating for a portion of the settlement funds to cover overdose prevention services at “wellness hubs” the city plans to open in the Tenderloin, Mission and South of Market neighborhoods. She said she would also like to see the funding used to hire case managers who could do proactive outreach and trust-building with hard-to-reach people living on the street and experiencing substance use disorder.\u003c/p>\n\u003cp>Chiu said he supports safe consumption sites as a tool to combat overdoses, but has not agreed to use the opioid litigation funds for the sites because of legal disagreements over whether this would run afoul of state and federal law.\u003c/p>\n\u003cfigure id=\"attachment_11949901\" class=\"wp-caption aligncenter\" style=\"max-width: 720px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11949901\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/image.png\" alt=\"Dozens of distinguished men and women in business suits and dress stand in front of a large, gray building with gold accents. Everyone is posing for a photograph.\" width=\"720\" height=\"540\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/image.png 720w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/image-160x120.png 160w\" sizes=\"(max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">City Attorney David Chiu (second row, center, in blue suit and yellow tie) stands with health director Grant Colfax (third row, center) and former City Attorney Louise Renne (second row, far left, in dark blue suit) and attorneys who led the case against Walgreens for its role in the opioid crisis. \u003ccite>(Sydney Johnson/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2022, Gov. Gavin Newsom vetoed a bill that would have allowed San Francisco to pilot safe consumption sites, which are used in more than a dozen countries around the globe.\u003c/p>\n\u003cp>Rhode Island passed a similar bill, and is now planning to open a site in 2024 that would use some of that state’s funding from similar opioid litigation wins.\u003c/p>\n\u003cp>Meanwhile, New York City has been operating a safe consumption facility using a model that doesn’t rely on public funding — but long-term financing is an ongoing challenge. Staff at the site, run by the nonprofit OnPoint NYC, have reversed more than 800 overdoses, executive director Sam Rivera told Politico earlier this month. New York City Mayor Eric Adams has said he is looking to expand the model.\u003c/p>\n\u003cp>“I have been a long-time supporter of the possibility that San Francisco should consider safe consumption sites,” Chiu said. “In New York, there has been a nonprofit that has moved forward with safe consumption sites without city staff, funding or property. I think that would be appropriate for us to do here in San Francisco, but those conversations continue.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11944267","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS51826_068_Oakland_HighlandHospitalBridgeProgram_10062021-qut-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>But local nonprofits in San Francisco that want to operate safe consumption services say they will be hard to fully fund without support from the city’s opioid litigation funds.\u003c/p>\n\u003cp>Chiu said his office is in conversation with leaders in Rhode Island, but he stressed that Newsom’s veto in 2022 makes the situation harder here in San Francisco.\u003c/p>\n\u003cp>“Rhode Island is the only state in the country where the state legislature passed a law signed by the governor that would permit safe consumption sites,” he said. “That’s not the case here in California.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11949888/walgreens-pay-san-francisco-230-million-opioid-crisis","authors":["11840"],"categories":["news_457","news_8"],"tags":["news_16","news_24298","news_25617","news_31709","news_22774","news_31497","news_38","news_3064","news_2211"],"featImg":"news_11949900","label":"news"},"news_11949763":{"type":"posts","id":"news_11949763","meta":{"index":"posts_1591205157","site":"news","id":"11949763","score":null,"sort":[1684284515000]},"guestAuthors":[],"slug":"group-of-sf-lawmakers-seek-state-federal-intervention-in-banko-brown-killing-after-da-declines-to-prosecute","title":"Group of SF Lawmakers Seek State, Federal Intervention in Banko Brown Killing, After District Attorney Declines to Prosecute","publishDate":1684284515,"format":"standard","headTitle":"Group of SF Lawmakers Seek State, Federal Intervention in Banko Brown Killing, After District Attorney Declines to Prosecute | KQED","labelTerm":{"site":"news"},"content":"\u003cp>San Francisco supervisors called on state Attorney General Rob Bonta and the U.S. Department of Justice to step in and review the fatal shooting of Banko Brown.\u003c/p>\n\u003cp>On Tuesday, lawmakers said San Francisco District Attorney Brooke Jenkins deprived communities of needed justice \u003ca href=\"https://www.kqed.org/news/11949558/district-attorney-releases-video-of-banko-brown-shooting-at-walgreens-wont-files-charges-against-security-gaurd\">when she decided not to press charges against a security guard who shot and killed Brown\u003c/a>, a 24-year-old Black transgender man.\u003c/p>\n\u003cp>Board of Supervisors President Aaron Peskin introduced the nonbinding resolution requesting state and federal intervention after seeing the video Jenkins released of Brown’s death on Monday. He likened it to a public execution.\u003c/p>\n\u003cp>“It’s very disturbing. We’ve learned in modern times about deescalation [tactics used by law enforcement], about time and distance. And none of that appears in this video. The guard clearly has the upper hand in the physical altercation, punches Banko Brown, is able to wrestle Banko down to the ground. Never seems in danger at any point. It’s pretty horrific,” Peskin told KQED.\u003c/p>\n\u003cp>When reached for comment, the attorney general’s office said, “As of right now, our office is not currently involved in the matter. We suggest you reach out to the San Francisco DA’s office on the case.”[aside postID=news_11949558 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/05/1-crop-1020x765.jpg']San Francisco Mayor London Breed supported Jenkins’ charging decision, she told reporters on Tuesday, but added, “I don’t think that there’s anything wrong with welcoming our California attorney general or anyone else to review the case and make a determination.”\u003c/p>\n\u003cp>The supervisors are expected to vote on the resolution next week.\u003c/p>\n\u003cp>Brown was allegedly shoplifting when he was shot and killed by security guard Michael Earl-Wayne Anthony in late April. On May 1, \u003ca href=\"https://missionlocal.org/2023/05/banko-brown-security-guard-not-charged-michael-earl-wayne-anthony-brooke-jenkins/\">Jenkins issued a statement\u003c/a> strongly asserting the security guard was acting in self-defense.\u003c/p>\n\u003cp>Black and transgender communities and their allies called foul on Jenkins’ assurances without public release of surveillance video showing the shooting. Last week, the San Francisco Board of Supervisors voted unanimously on a resolution calling on her to release video footage and other evidence.\u003c/p>\n\u003cp>On Monday, Jenkins did so, arguing that \u003ca href=\"https://sfdistrictattorney.org/wp-content/uploads/2023/05/Homicide-interview-michael-anthony_Redacted.pdf\">a police interview with the security guard (PDF)\u003c/a>, wherein he claims Brown said, “I’m gonna stab you,” would make it difficult to convince a jury that he did not shoot out of self-defense.\u003c/p>\n\u003cp>That same evening, a group of community members gathered outside the Market Street Walgreens where Brown was shot to protest Jenkins’ decision to not file charges. Many argued that the released video clearly showed Brown backing away from the security guard when he was shot.\u003c/p>\n\u003cp>San Francisco Democratic Party chair Honey Mahogany, who is also Black and transgender, attended Monday night’s rally.[pullquote size=\"medium\" align=\"right\" citation=\"Honey Mahogany, San Francisco Democratic Party chair\"]‘I think people are extremely frustrated with the district attorney’s decision. A lot of people feel as though, you know, she really fumbled this entire case from the very beginning.’[/pullquote]“I think people were feeling both anger and anguish. I mean, this is a tragic situation. I certainly was feeling emotional about it, seeing somebody lose their life that way,” Mahogany said. “I think people are extremely frustrated with the district attorney’s decision. A lot of people feel as though, you know, she really fumbled this entire case from the very beginning.”\u003c/p>\n\u003cp>State Sen. Scott Wiener issued a statement Tuesday and said he watched the video repeatedly, but “cannot see a justification for this shooting” and added that “a lack of any criminal responsibility for this shooting makes no sense to me.”\u003c/p>\n\u003cp>But Wiener also touched on Brown’s precarious living conditions.\u003c/p>\n\u003cp>“What makes this shooting particularly tragic is that it was preventable even before Banko Brown set foot in Walgreens. Nearly half of homeless youth are LGBTQ, and LGBTQ young people are also over-represented in the criminal justice system,” he said. “Trans young people are even more disproportionately impacted. The horrific political attacks on trans young people around the country only make the problem worse.”\u003c/p>\n\u003cp>Brown lived in and out of homelessness and grew up in the foster care system, and his friends and family said he was experiencing poverty when he allegedly stole candy and drinks from the Market Street Walgreens the day of his death.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Of the 1,073 homeless youth surveyed in \u003ca href=\"https://hsh.sfgov.org/wp-content/uploads/2022/08/2022-San-Francisco-Youth-Count.pdf\">the city’s 2022 homeless point-in-time count (PDF)\u003c/a>, roughly 38% identified as members of the LGBTQ+ community. Youth respondents under age 25 were more likely than adults to identify as transgender.\u003c/p>\n\u003cp>When asked to respond to community allegations that she made the wrong call to not charge the security guard, Jenkins said she cannot base prosecutions on community outrage.\u003c/p>\n\u003cp>“Any time you have a particular shooting or a killing, people are emotional, and they should be. A life was lost here. That spawns grief. It spawns emotion. It spawns a reaction that is normal, it is human. And I understand that. And it’s a part of the nature of the work that we do here in the DA’s office. What I cannot do, however, is base my decisions on that emotion,” she said.\u003c/p>\n\u003cp>Those same communities made their voices heard at San Francisco City Hall on Tuesday as Peskin introduced his resolution.[pullquote align=\"right\" size=\"medium\" citation=\"Joshua Bell, San Francisco resident\"]‘As a queer man in District 5, how am I to feel safe after the murder of Banko Brown, a homeless trans Black man, that took place three blocks from my apartment?’[/pullquote]One person making public comment at the City Hall meeting, but who declined to give their name to KQED, identified themselves as a brown transgender woman who has faced danger for her identity — including from a security guard.\u003c/p>\n\u003cp>“During my time in this city, I’ve been beat, been assaulted. I’ve had knives pulled on me. I’ve had people just treat me like trash. I’ve had security guards treat me like garbage. I’ve had bouncers physically pushing me out of places because of, because of who I am,” she said. “With this resolution, all we are asking for is just a morsel of justice. Not just for Banko, but for all of us who have to face living in the city with this threat of violence.”\u003c/p>\n\u003cp>Joshua Bell, 34, spoke at the Board of Supervisors meeting and said they’re from the queer community and have lived in San Francisco for seven years, but feels their community isn’t protected in San Francisco.\u003c/p>\n\u003cp>“As a queer man in District 5, how am I to feel safe after the murder of Banko Brown, a homeless trans Black man, that took place three blocks from my apartment?” Bell said.\u003c/p>\n\u003cp>“Banko Brown deserved to live,” said Julia Thompson, 22, a San Francisco resident and friend of Brown’s who testified before the board. “We must live with the sobering reality that he was killed for no other cause but $14. Globally we are watching Black people die and are expected to go on with our day. We are not OK.”\u003c/p>\n\u003cp>While a growing number of supervisors are urging state or federal entities to step in, retired Santa Clara County Superior Court Judge LaDoris Cordell told KQED she thinks a U.S. Department of Justice intervention is unlikely, due to a hesitancy to counteract local district attorney charging decisions.\u003c/p>\n\u003cp>Public outcry around the charging decision may prompt the state Attorney General’s Office to do so, however, Cordell speculated.\u003c/p>\n\u003cp>“The state attorney’s office tends to get involved when cases are high profile and also where there is a lot of public uproar. So this case fits both of those,” Cordell said. “It is my view that it’s likely Bonta’s office, the state justice department, might want to take a look at it, and might do that and make a decision about whether or not to prosecute.”\u003c/p>\n\u003cp>The video itself, Cordell said, “is very compelling,” and, in contrast to Jenkins’ office, she believes a jury may agree.\u003c/p>\n\u003cp>\u003cem>KQED reporter Christopher Alam contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Board of Supervisors President Aaron Peskin introduced the nonbinding resolution requesting state and federal intervention after seeing the video Jenkins released of Banko Brown's death on Monday.","status":"publish","parent":0,"modified":1684348665,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":30,"wordCount":1440},"headData":{"title":"Group of SF Lawmakers Seek State, Federal Intervention in Banko Brown Killing, After District Attorney Declines to Prosecute | KQED","description":"Board of Supervisors President Aaron Peskin introduced the nonbinding resolution requesting state and federal intervention after seeing the video Jenkins released of Banko Brown's death on Monday.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11949763/group-of-sf-lawmakers-seek-state-federal-intervention-in-banko-brown-killing-after-da-declines-to-prosecute","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco supervisors called on state Attorney General Rob Bonta and the U.S. Department of Justice to step in and review the fatal shooting of Banko Brown.\u003c/p>\n\u003cp>On Tuesday, lawmakers said San Francisco District Attorney Brooke Jenkins deprived communities of needed justice \u003ca href=\"https://www.kqed.org/news/11949558/district-attorney-releases-video-of-banko-brown-shooting-at-walgreens-wont-files-charges-against-security-gaurd\">when she decided not to press charges against a security guard who shot and killed Brown\u003c/a>, a 24-year-old Black transgender man.\u003c/p>\n\u003cp>Board of Supervisors President Aaron Peskin introduced the nonbinding resolution requesting state and federal intervention after seeing the video Jenkins released of Brown’s death on Monday. He likened it to a public execution.\u003c/p>\n\u003cp>“It’s very disturbing. We’ve learned in modern times about deescalation [tactics used by law enforcement], about time and distance. And none of that appears in this video. The guard clearly has the upper hand in the physical altercation, punches Banko Brown, is able to wrestle Banko down to the ground. Never seems in danger at any point. It’s pretty horrific,” Peskin told KQED.\u003c/p>\n\u003cp>When reached for comment, the attorney general’s office said, “As of right now, our office is not currently involved in the matter. We suggest you reach out to the San Francisco DA’s office on the case.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11949558","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/05/1-crop-1020x765.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>San Francisco Mayor London Breed supported Jenkins’ charging decision, she told reporters on Tuesday, but added, “I don’t think that there’s anything wrong with welcoming our California attorney general or anyone else to review the case and make a determination.”\u003c/p>\n\u003cp>The supervisors are expected to vote on the resolution next week.\u003c/p>\n\u003cp>Brown was allegedly shoplifting when he was shot and killed by security guard Michael Earl-Wayne Anthony in late April. On May 1, \u003ca href=\"https://missionlocal.org/2023/05/banko-brown-security-guard-not-charged-michael-earl-wayne-anthony-brooke-jenkins/\">Jenkins issued a statement\u003c/a> strongly asserting the security guard was acting in self-defense.\u003c/p>\n\u003cp>Black and transgender communities and their allies called foul on Jenkins’ assurances without public release of surveillance video showing the shooting. Last week, the San Francisco Board of Supervisors voted unanimously on a resolution calling on her to release video footage and other evidence.\u003c/p>\n\u003cp>On Monday, Jenkins did so, arguing that \u003ca href=\"https://sfdistrictattorney.org/wp-content/uploads/2023/05/Homicide-interview-michael-anthony_Redacted.pdf\">a police interview with the security guard (PDF)\u003c/a>, wherein he claims Brown said, “I’m gonna stab you,” would make it difficult to convince a jury that he did not shoot out of self-defense.\u003c/p>\n\u003cp>That same evening, a group of community members gathered outside the Market Street Walgreens where Brown was shot to protest Jenkins’ decision to not file charges. Many argued that the released video clearly showed Brown backing away from the security guard when he was shot.\u003c/p>\n\u003cp>San Francisco Democratic Party chair Honey Mahogany, who is also Black and transgender, attended Monday night’s rally.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘I think people are extremely frustrated with the district attorney’s decision. A lot of people feel as though, you know, she really fumbled this entire case from the very beginning.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Honey Mahogany, San Francisco Democratic Party chair","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“I think people were feeling both anger and anguish. I mean, this is a tragic situation. I certainly was feeling emotional about it, seeing somebody lose their life that way,” Mahogany said. “I think people are extremely frustrated with the district attorney’s decision. A lot of people feel as though, you know, she really fumbled this entire case from the very beginning.”\u003c/p>\n\u003cp>State Sen. Scott Wiener issued a statement Tuesday and said he watched the video repeatedly, but “cannot see a justification for this shooting” and added that “a lack of any criminal responsibility for this shooting makes no sense to me.”\u003c/p>\n\u003cp>But Wiener also touched on Brown’s precarious living conditions.\u003c/p>\n\u003cp>“What makes this shooting particularly tragic is that it was preventable even before Banko Brown set foot in Walgreens. Nearly half of homeless youth are LGBTQ, and LGBTQ young people are also over-represented in the criminal justice system,” he said. “Trans young people are even more disproportionately impacted. The horrific political attacks on trans young people around the country only make the problem worse.”\u003c/p>\n\u003cp>Brown lived in and out of homelessness and grew up in the foster care system, and his friends and family said he was experiencing poverty when he allegedly stole candy and drinks from the Market Street Walgreens the day of his death.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Of the 1,073 homeless youth surveyed in \u003ca href=\"https://hsh.sfgov.org/wp-content/uploads/2022/08/2022-San-Francisco-Youth-Count.pdf\">the city’s 2022 homeless point-in-time count (PDF)\u003c/a>, roughly 38% identified as members of the LGBTQ+ community. Youth respondents under age 25 were more likely than adults to identify as transgender.\u003c/p>\n\u003cp>When asked to respond to community allegations that she made the wrong call to not charge the security guard, Jenkins said she cannot base prosecutions on community outrage.\u003c/p>\n\u003cp>“Any time you have a particular shooting or a killing, people are emotional, and they should be. A life was lost here. That spawns grief. It spawns emotion. It spawns a reaction that is normal, it is human. And I understand that. And it’s a part of the nature of the work that we do here in the DA’s office. What I cannot do, however, is base my decisions on that emotion,” she said.\u003c/p>\n\u003cp>Those same communities made their voices heard at San Francisco City Hall on Tuesday as Peskin introduced his resolution.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘As a queer man in District 5, how am I to feel safe after the murder of Banko Brown, a homeless trans Black man, that took place three blocks from my apartment?’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Joshua Bell, San Francisco resident","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>One person making public comment at the City Hall meeting, but who declined to give their name to KQED, identified themselves as a brown transgender woman who has faced danger for her identity — including from a security guard.\u003c/p>\n\u003cp>“During my time in this city, I’ve been beat, been assaulted. I’ve had knives pulled on me. I’ve had people just treat me like trash. I’ve had security guards treat me like garbage. I’ve had bouncers physically pushing me out of places because of, because of who I am,” she said. “With this resolution, all we are asking for is just a morsel of justice. Not just for Banko, but for all of us who have to face living in the city with this threat of violence.”\u003c/p>\n\u003cp>Joshua Bell, 34, spoke at the Board of Supervisors meeting and said they’re from the queer community and have lived in San Francisco for seven years, but feels their community isn’t protected in San Francisco.\u003c/p>\n\u003cp>“As a queer man in District 5, how am I to feel safe after the murder of Banko Brown, a homeless trans Black man, that took place three blocks from my apartment?” Bell said.\u003c/p>\n\u003cp>“Banko Brown deserved to live,” said Julia Thompson, 22, a San Francisco resident and friend of Brown’s who testified before the board. “We must live with the sobering reality that he was killed for no other cause but $14. Globally we are watching Black people die and are expected to go on with our day. We are not OK.”\u003c/p>\n\u003cp>While a growing number of supervisors are urging state or federal entities to step in, retired Santa Clara County Superior Court Judge LaDoris Cordell told KQED she thinks a U.S. Department of Justice intervention is unlikely, due to a hesitancy to counteract local district attorney charging decisions.\u003c/p>\n\u003cp>Public outcry around the charging decision may prompt the state Attorney General’s Office to do so, however, Cordell speculated.\u003c/p>\n\u003cp>“The state attorney’s office tends to get involved when cases are high profile and also where there is a lot of public uproar. So this case fits both of those,” Cordell said. “It is my view that it’s likely Bonta’s office, the state justice department, might want to take a look at it, and might do that and make a decision about whether or not to prosecute.”\u003c/p>\n\u003cp>The video itself, Cordell said, “is very compelling,” and, in contrast to Jenkins’ office, she believes a jury may agree.\u003c/p>\n\u003cp>\u003cem>KQED reporter Christopher Alam contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11949763/group-of-sf-lawmakers-seek-state-federal-intervention-in-banko-brown-killing-after-da-declines-to-prosecute","authors":["11690"],"categories":["news_6188","news_8"],"tags":["news_32718","news_31298","news_18538","news_22009","news_18246","news_38","news_2211"],"featImg":"news_11949785","label":"news"},"news_11948964":{"type":"posts","id":"news_11948964","meta":{"index":"posts_1591205157","site":"news","id":"11948964","score":null,"sort":[1683678828000]},"guestAuthors":[],"slug":"san-francisco-supervisors-raise-pressure-on-da-to-release-video-of-banko-brown-killing","title":"San Francisco Supervisors Pass Resolution Urging Release of Video in Banko Brown Killing","publishDate":1683678828,"format":"standard","headTitle":"San Francisco Supervisors Pass Resolution Urging Release of Video in Banko Brown Killing | KQED","labelTerm":{"site":"news"},"content":"\u003cp>San Francisco supervisors on Tuesday evening unanimously passed a resolution urging District Attorney Brooke Jenkins to release police reports, witness accounts and video footage related to the killing of Banko Brown, a 24-year-old Black transgender man who was shot and killed outside a Market Street Walgreens by a store security guard on April 27.\u003c/p>\n\u003cp>On May 1, Jenkins \u003ca href=\"https://www.sfchronicle.com/crime/article/sf-walgreens-fatal-shooting-da-drops-charges-18000633.php\">declined to file charges against Michael Earl-Wayne Anthony\u003c/a>, the security guard who shot Brown, saying Anthony had acted in self-defense. But after public outcry over the decision grew following \u003ca href=\"https://missionlocal.org/2023/05/banko-brown-unarmed-michael-earl-wayne-anthony-jenkins-release-evidence/\">confirmation from law enforcement that Brown was not armed\u003c/a> and reporting indicating Anthony had followed Brown outside and shot him in the chest after ejecting him from the store, as \u003ca href=\"https://missionlocal.org/2023/05/walgreens-banko-brown-michael-earl-wayne-anthony-video/\">one witness told Mission Local\u003c/a>, Jenkins changed course on May 8, stating that the investigation is ongoing and she has not ruled out filing charges.\u003c/p>\n\u003cp>The Board of Supervisors voted on the nonbinding resolution that urges Jenkins and the San Francisco Police Department to release more information. City residents made impassioned pleas for the release of videos during public comment at the supervisors’ meeting, before the vote.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Tory, San Francisco resident at Tuesday's Board of Supervisors meeting\"]‘Being hungry is not a crime. Being homeless is not a crime. Being Black is not a crime … Release the tapes.’[/pullquote]“Please, please insist this DA show the evidence. It’s time for her to stop rationalizing inappropriate behavior,” said Yulanda Williams, vice president of the San Francisco chapter of the NAACP. “I’ve been a police officer for 32 years. I’m now retired. I never would have thought to use my gun on someone stealing some type of merchandise out of a store.”\u003c/p>\n\u003cp>“Being hungry is not a crime. Being homeless is not a crime. Being Black is not a crime,” said Tory, a resident of San Francisco’s Western Addition neighborhood. “We want to see the tapes immediately. Release the tapes and justice for Banko Brown.”\u003c/p>\n\u003cp>Another public commenter referenced intense recent \u003ca href=\"https://www.nytimes.com/2023/04/05/technology/cash-app-founder-stabbed-san-francisco.html\">regional and national coverage\u003c/a> of a different San Francisco killing, that of Cash App creator Bob Lee.\u003c/p>\n\u003cp>“I’m here for the same reason everyone else is here … Banko Brown’s case is just as important as the Cash App case,” said Jalen Clark, who added that his sister had worked with Brown. “My people are important … This is not just a situation here in San Francisco, this is all over the U.S. and we need to start somewhere. Why not right here, right now?”\u003c/p>\n\u003cp>Board of Supervisors President Aaron Peskin on Tuesday evening said the resolution to urge the release of evidence in the “beyond tragic” situation was one that united the city’s progressive and moderate factions. He also refuted allegations made by Jenkins that the resolution interferes with an active investigation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Last week, Supervisor Shamann Walton wrote a letter of inquiry to Jenkins requesting that she reevaluate the case. Jenkins fired back in a letter to Walton on Monday saying his comments could disrupt the investigation and a fair judicial process.\u003c/p>\n\u003cp>“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,” wrote Walton. “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. I hope the district attorney will reconsider her decision.”\u003c/p>\n\u003cp>On Tuesday evening, Walton said supporters of Brown “still need to organize” to put pressure on the District Attorney’s Office and on Walgreens to release footage of Brown’s shooting.\u003c/p>\n\u003cp>“Somebody has to give us that video,” he said. “If there was evidence on that video that led to the assessment from the DA, everybody should have the opportunity to view that video.”\u003c/p>\n\u003cp>Brown, who is said to have been unhoused at the time of his death, died shortly after Anthony shot him. Peskin, who called for the case to be reopened, told the \u003cem>San Francisco Chronicle\u003c/em> that Brown had allegedly stolen $14 worth of candy from the pharmacy before Anthony opened fire.\u003c/p>\n\u003cp>[aside postID=arts_13928870 hero='https://ww2.kqed.org/app/uploads/sites/2/2023/05/008_KQED_WalgreensBankoBrown_05092023-1020x680.jpg']The tragedy is not uncommon in the United States, where gun-related deaths have increased 23% since 2019, according to data from the Centers for Disease Control and Prevention. While the majority of those deaths are suicide, \u003ca href=\"https://www.pewresearch.org/short-reads/2023/04/26/what-the-data-says-about-gun-deaths-in-the-u-s/\">gun murders in particular increased 45% from 2019 to 2021\u003c/a>.\u003c/p>\n\u003cp>\u003ca href=\"https://bjs.ojp.gov/content/pub/pdf/vvsogi1720.pdf\">People who are transgender are 2.5 times more likely to face violence than people who align with the gender they were assigned at birth (PDF)\u003c/a>, according to 2022 data from the U.S. Department of Justice. Trans youth are also disproportionately likely to be unhoused, with \u003ca href=\"https://www.thetrevorproject.org/wp-content/uploads/2022/02/Trevor-Project-Homelessness-Report.pdf\">nearly 40% saying they have experienced homelessness at some point in their lives (PDF)\u003c/a>, according to a 2021 national survey from The Trevor Project.\u003c/p>\n\u003cp>The killing has since sparked outrage from Brown’s family, Bay Area community members and advocates for the transgender community around the country. A memorial to Brown’s life now sits outside the Walgreens on Market Street.\u003c/p>\n\u003cp>The killing also has ignited debate over whether security guards should carry guns. Supervisor Dean Preston on Tuesday also announced legislation that would limit use of guns by security guards and using lethal force for shoplifting.\u003c/p>\n\u003cp>“We also need to take some action and make sure this never happens again,” the District 5 supervisor said in a \u003ca href=\"https://twitter.com/DeanPreston/status/1656023543333933057\">video posted to social media\u003c/a> on Tuesday. “Human life is more important than property.”\u003c/p>\n\u003cp>Jenkins said that releasing the information prematurely could “compromise” the investigation. She said the charging decision on May 1 was made to comply with a law that requires charges to be filed for suspects who are in custody within 72 hours.\u003c/p>\n\u003cp>“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,” Jenkins said in a press release. “I have asked SFPD investigators to locate and interview additional witnesses and gather additional evidence. A final charging decision will be made when the investigation is complete.”\u003c/p>\n\u003cp>In her letter to Walton, Jenkins personally called out the supervisor for pointing out that Brown was Black, but not acknowledging that the Walgreens security guard is also Black. She stated how “many historic injustices that our community has faced can be traced back to politically motivated prosecutions.”\u003c/p>\n\u003cfigure id=\"attachment_11948982\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11948982\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut.jpg\" alt=\"candles, photos and posters sit against a chain link fence in the background as the blurry feet of a pedestrian walk past in the foreground\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A person walks past a memorial for Banko Brown on May 9, outside the Market Street Walgreens in downtown San Francisco where Brown was killed. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Meanwhile, other government officials and legal experts have pushed back on Jenkins’ decision not to release evidence in the case, as well as her earlier decision not to prosecute the security guard for shooting and killing someone over alleged shoplifting.\u003c/p>\n\u003cp>“In recent days, a steady stream of information has become public regarding the shooting death of Banko Brown, resulting in significant public doubt about the security guard’s claim of self-defense,” said state Sen. Scott Wiener. “This shooting has caused profound and growing concern in the community, particularly among Black and transgender San Franciscans. Transparency with the public is critical.”\u003c/p>\n\u003cp>“If the police camera videos are not released … we are going to be in a very dangerous situation here,” Supervisor Hillary Ronen said at the Board of Supervisors meeting Tuesday.\u003c/p>\n\u003cp>If the district attorney does not press any charges, Jenkins said, her office “will publicly release a comprehensive report that provides a full accounting of the evidence reviewed and how the decision was made because I understand the public’s need for a higher degree of transparency in this case.”\u003c/p>\n\u003cp>If charges are filed, she said, she would not directly release the information to the press, but rather it would be presented in an open courtroom during legal proceedings.\u003c/p>\n\u003cp>“It is my duty to follow the law and the evidence wherever it leads, and do everything in our power to advance justice and healing in our communities,” Jenkins said.\u003c/p>\n\u003cp>A vigil for Banko Brown at 825 Market Street is planned for Tuesday evening after the Board of Supervisors hearing.\u003c/p>\n\u003cp>\u003cem>KQED’s Joe Fitzgerald Rodriguez and Christopher Alam contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"District Attorney Brooke Jenkins has said the investigation is ongoing and that she hasn't ruled out filing charges.","status":"publish","parent":0,"modified":1683762726,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1481},"headData":{"title":"San Francisco Supervisors Pass Resolution Urging Release of Video in Banko Brown Killing | KQED","description":"District Attorney Brooke Jenkins has said the investigation is ongoing and that she hasn't ruled out filing charges.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11948964/san-francisco-supervisors-raise-pressure-on-da-to-release-video-of-banko-brown-killing","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco supervisors on Tuesday evening unanimously passed a resolution urging District Attorney Brooke Jenkins to release police reports, witness accounts and video footage related to the killing of Banko Brown, a 24-year-old Black transgender man who was shot and killed outside a Market Street Walgreens by a store security guard on April 27.\u003c/p>\n\u003cp>On May 1, Jenkins \u003ca href=\"https://www.sfchronicle.com/crime/article/sf-walgreens-fatal-shooting-da-drops-charges-18000633.php\">declined to file charges against Michael Earl-Wayne Anthony\u003c/a>, the security guard who shot Brown, saying Anthony had acted in self-defense. But after public outcry over the decision grew following \u003ca href=\"https://missionlocal.org/2023/05/banko-brown-unarmed-michael-earl-wayne-anthony-jenkins-release-evidence/\">confirmation from law enforcement that Brown was not armed\u003c/a> and reporting indicating Anthony had followed Brown outside and shot him in the chest after ejecting him from the store, as \u003ca href=\"https://missionlocal.org/2023/05/walgreens-banko-brown-michael-earl-wayne-anthony-video/\">one witness told Mission Local\u003c/a>, Jenkins changed course on May 8, stating that the investigation is ongoing and she has not ruled out filing charges.\u003c/p>\n\u003cp>The Board of Supervisors voted on the nonbinding resolution that urges Jenkins and the San Francisco Police Department to release more information. City residents made impassioned pleas for the release of videos during public comment at the supervisors’ meeting, before the vote.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Being hungry is not a crime. Being homeless is not a crime. Being Black is not a crime … Release the tapes.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Tory, San Francisco resident at Tuesday's Board of Supervisors meeting","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Please, please insist this DA show the evidence. It’s time for her to stop rationalizing inappropriate behavior,” said Yulanda Williams, vice president of the San Francisco chapter of the NAACP. “I’ve been a police officer for 32 years. I’m now retired. I never would have thought to use my gun on someone stealing some type of merchandise out of a store.”\u003c/p>\n\u003cp>“Being hungry is not a crime. Being homeless is not a crime. Being Black is not a crime,” said Tory, a resident of San Francisco’s Western Addition neighborhood. “We want to see the tapes immediately. Release the tapes and justice for Banko Brown.”\u003c/p>\n\u003cp>Another public commenter referenced intense recent \u003ca href=\"https://www.nytimes.com/2023/04/05/technology/cash-app-founder-stabbed-san-francisco.html\">regional and national coverage\u003c/a> of a different San Francisco killing, that of Cash App creator Bob Lee.\u003c/p>\n\u003cp>“I’m here for the same reason everyone else is here … Banko Brown’s case is just as important as the Cash App case,” said Jalen Clark, who added that his sister had worked with Brown. “My people are important … This is not just a situation here in San Francisco, this is all over the U.S. and we need to start somewhere. Why not right here, right now?”\u003c/p>\n\u003cp>Board of Supervisors President Aaron Peskin on Tuesday evening said the resolution to urge the release of evidence in the “beyond tragic” situation was one that united the city’s progressive and moderate factions. He also refuted allegations made by Jenkins that the resolution interferes with an active investigation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Last week, Supervisor Shamann Walton wrote a letter of inquiry to Jenkins requesting that she reevaluate the case. Jenkins fired back in a letter to Walton on Monday saying his comments could disrupt the investigation and a fair judicial process.\u003c/p>\n\u003cp>“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,” wrote Walton. “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. I hope the district attorney will reconsider her decision.”\u003c/p>\n\u003cp>On Tuesday evening, Walton said supporters of Brown “still need to organize” to put pressure on the District Attorney’s Office and on Walgreens to release footage of Brown’s shooting.\u003c/p>\n\u003cp>“Somebody has to give us that video,” he said. “If there was evidence on that video that led to the assessment from the DA, everybody should have the opportunity to view that video.”\u003c/p>\n\u003cp>Brown, who is said to have been unhoused at the time of his death, died shortly after Anthony shot him. Peskin, who called for the case to be reopened, told the \u003cem>San Francisco Chronicle\u003c/em> that Brown had allegedly stolen $14 worth of candy from the pharmacy before Anthony opened fire.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"arts_13928870","hero":"https://ww2.kqed.org/app/uploads/sites/2/2023/05/008_KQED_WalgreensBankoBrown_05092023-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The tragedy is not uncommon in the United States, where gun-related deaths have increased 23% since 2019, according to data from the Centers for Disease Control and Prevention. While the majority of those deaths are suicide, \u003ca href=\"https://www.pewresearch.org/short-reads/2023/04/26/what-the-data-says-about-gun-deaths-in-the-u-s/\">gun murders in particular increased 45% from 2019 to 2021\u003c/a>.\u003c/p>\n\u003cp>\u003ca href=\"https://bjs.ojp.gov/content/pub/pdf/vvsogi1720.pdf\">People who are transgender are 2.5 times more likely to face violence than people who align with the gender they were assigned at birth (PDF)\u003c/a>, according to 2022 data from the U.S. Department of Justice. Trans youth are also disproportionately likely to be unhoused, with \u003ca href=\"https://www.thetrevorproject.org/wp-content/uploads/2022/02/Trevor-Project-Homelessness-Report.pdf\">nearly 40% saying they have experienced homelessness at some point in their lives (PDF)\u003c/a>, according to a 2021 national survey from The Trevor Project.\u003c/p>\n\u003cp>The killing has since sparked outrage from Brown’s family, Bay Area community members and advocates for the transgender community around the country. A memorial to Brown’s life now sits outside the Walgreens on Market Street.\u003c/p>\n\u003cp>The killing also has ignited debate over whether security guards should carry guns. Supervisor Dean Preston on Tuesday also announced legislation that would limit use of guns by security guards and using lethal force for shoplifting.\u003c/p>\n\u003cp>“We also need to take some action and make sure this never happens again,” the District 5 supervisor said in a \u003ca href=\"https://twitter.com/DeanPreston/status/1656023543333933057\">video posted to social media\u003c/a> on Tuesday. “Human life is more important than property.”\u003c/p>\n\u003cp>Jenkins said that releasing the information prematurely could “compromise” the investigation. She said the charging decision on May 1 was made to comply with a law that requires charges to be filed for suspects who are in custody within 72 hours.\u003c/p>\n\u003cp>“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,” Jenkins said in a press release. “I have asked SFPD investigators to locate and interview additional witnesses and gather additional evidence. A final charging decision will be made when the investigation is complete.”\u003c/p>\n\u003cp>In her letter to Walton, Jenkins personally called out the supervisor for pointing out that Brown was Black, but not acknowledging that the Walgreens security guard is also Black. She stated how “many historic injustices that our community has faced can be traced back to politically motivated prosecutions.”\u003c/p>\n\u003cfigure id=\"attachment_11948982\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11948982\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut.jpg\" alt=\"candles, photos and posters sit against a chain link fence in the background as the blurry feet of a pedestrian walk past in the foreground\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A person walks past a memorial for Banko Brown on May 9, outside the Market Street Walgreens in downtown San Francisco where Brown was killed. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Meanwhile, other government officials and legal experts have pushed back on Jenkins’ decision not to release evidence in the case, as well as her earlier decision not to prosecute the security guard for shooting and killing someone over alleged shoplifting.\u003c/p>\n\u003cp>“In recent days, a steady stream of information has become public regarding the shooting death of Banko Brown, resulting in significant public doubt about the security guard’s claim of self-defense,” said state Sen. Scott Wiener. “This shooting has caused profound and growing concern in the community, particularly among Black and transgender San Franciscans. Transparency with the public is critical.”\u003c/p>\n\u003cp>“If the police camera videos are not released … we are going to be in a very dangerous situation here,” Supervisor Hillary Ronen said at the Board of Supervisors meeting Tuesday.\u003c/p>\n\u003cp>If the district attorney does not press any charges, Jenkins said, her office “will publicly release a comprehensive report that provides a full accounting of the evidence reviewed and how the decision was made because I understand the public’s need for a higher degree of transparency in this case.”\u003c/p>\n\u003cp>If charges are filed, she said, she would not directly release the information to the press, but rather it would be presented in an open courtroom during legal proceedings.\u003c/p>\n\u003cp>“It is my duty to follow the law and the evidence wherever it leads, and do everything in our power to advance justice and healing in our communities,” Jenkins said.\u003c/p>\n\u003cp>A vigil for Banko Brown at 825 Market Street is planned for Tuesday evening after the Board of Supervisors hearing.\u003c/p>\n\u003cp>\u003cem>KQED’s Joe Fitzgerald Rodriguez and Christopher Alam contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11948964/san-francisco-supervisors-raise-pressure-on-da-to-release-video-of-banko-brown-killing","authors":["11840","182"],"categories":["news_6188","news_8","news_13"],"tags":["news_32718","news_31298","news_17725","news_27626","news_32719","news_17968","news_38","news_28121","news_2211"],"featImg":"news_11948978","label":"news"},"news_11945838":{"type":"posts","id":"news_11945838","meta":{"index":"posts_1591205157","site":"news","id":"11945838","score":null,"sort":[1680815892000]},"guestAuthors":[],"slug":"feds-to-block-gov-newsom-from-cutting-ties-with-walgreens","title":"Feds to Block Gov. Newsom From Cutting Ties With Walgreens","publishDate":1680815892,"format":"standard","headTitle":"Feds to Block Gov. Newsom From Cutting Ties With Walgreens | KQED","labelTerm":{"term":20286,"site":"news"},"content":"\u003cp>Gov. Gavin Newsom declared last month that \u003ca href=\"https://twitter.com/GavinNewsom/status/1632811406344192000?s=20\">California was “done” doing business with Walgreens\u003c/a> after the pharmacy chain said it would not distribute an abortion pill in 21 states where Republicans have threatened legal action. Since then, KHN has learned that the Democratic governor must compromise on his hard-line tweet.\u003c/p>\n\u003cp>California is legally bound to continue doing business with Walgreens through the state’s massive Medicaid program, health law experts said. And according to a public records request, the state paid Walgreens $1.5 billion last year.[pullquote size=\"medium\" align=\"right\" citation=\"Tony Cava, spokesperson, California Department of Health Care Services\"]‘California has no intention of taking any action that would violate federal Medicaid requirements, or that could undermine access for low-income individuals.’[/pullquote]\u003c/p>\n\u003cp>Newsom’s administration confirmed it will “continue to comply” with federal law by paying Walgreens through Medi-Cal, which provides health coverage to roughly 15 million residents with low incomes and disabilities. Were California to stop covering Medi-Cal prescriptions filled at Walgreens stores, legal scholars warned, the state would run afoul of federal law, which allows patients to get their medications at any approved pharmacy.\u003c/p>\n\u003cp>“California has no intention of taking any action that would violate federal Medicaid requirements, or that could undermine access for low-income individuals,” said Tony Cava, spokesperson for the California Department of Health Care Services, in a statement.\u003c/p>\n\u003cp>Newsom spokesperson Anthony York said, “Tweeting is not policy.” He added the governor will not “take any action that hurts people who need access to care.” Walgreens has even been reinvited to apply for \u003ca href=\"https://www.gov.ca.gov/2023/03/08/governor-newsom-california-pulls-back-renewal-of-walgreens-contract/\">a specialty drug contract that Newsom pulled back on renewing last month\u003c/a>, York said. Walgreens has received about $54 million from the state under the contract.\u003c/p>\n\u003cp>The dustup with the Illinois-based pharmacy chain illustrates Newsom’s panache for sweeping announcements on social media, where he garners national headlines but offers few specifics and little follow-through, political strategists said. Newsom has raised his national profile — and speculation of a presidential bid — by traveling to red states and launching \u003ca href=\"https://apnews.com/article/california-governor-newsom-president-democrats-2024-843877ca6aca701a5a68b8cb022203a2\">a new political action committee\u003c/a>.\u003c/p>\n\u003cp>“It’s much more about appearances and style and approach than it is about substance,” said David McCuan, political science department chair at Sonoma State University. Newsom and his administration “oversell their pronouncements and don’t actually deliver.”\u003c/p>\n\u003cp>On March 6, the governor tweeted, “California won’t be doing business with @walgreens — or any company that cowers to the extremists and puts women’s lives at risk,” after the second-largest U.S. pharmacy chain said it would not dispense mifepristone in states where it is illegal to dispense the pill or where the company would face potential lawsuits if it did so.\u003c/p>\n\u003cp>Democratic strategist Steve Maviglio said continuing to pay Walgreens through Medi-Cal doesn’t take away from Newsom’s support of abortion rights.\u003c/p>\n\u003cp>“He’s going to get the headline for protecting abortion rights, and this he can chalk up to a technical difficulty,” Maviglio said. “He will be rewarded for standing up to a corporation.”\u003c/p>\n\u003cp>Federal law is designed to ensure Medicaid patients have choices in where they get health care, including prescriptions. Approved providers like Walgreens are protected by \u003ca href=\"https://www.govinfo.gov/content/pkg/COMPS-8765/pdf/COMPS-8765.pdf#=page26\">Medicaid statute (PDF)\u003c/a>, which states that no health plan or entity can “restrict the choice of the qualified person from whom the individual may receive services.” Legal and Medicaid experts said that makes it extremely difficult for the Newsom administration to disqualify Walgreens.[aside postID=\"news_11942999,news_11922237\" label=\"Related Posts\"]“As long as Walgreens is performing for Medicaid beneficiaries as it should, dispensing all legal drugs in a manner that is consistent with permissible pharmacy practice, then I don’t see the basis for excluding them,” said Sara Rosenbaum, professor of health law and policy at George Washington University.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-B/section-431.51\">federal regulations\u003c/a> that protect Walgreens are the same that have allowed Planned Parenthood to offer health care services to Medicaid enrollees in conservative states, where leaders have sought unsuccessfully to exclude the network of clinics from receiving taxpayer funding.\u003c/p>\n\u003cp>An approved pharmacy company can be excluded from state networks only if it has committed fraud or other contract violations, added Edwin Park, a research professor with expertise in Medicaid law at Georgetown University.\u003c/p>\n\u003cp>“Certainly, that wouldn’t be the case for Walgreens,” Park said.\u003c/p>\n\u003cp>It’s unclear whether Newsom was aware of how difficult it would be for California to unwind its Medi-Cal provider agreement with Walgreens, said Daniel Schnur, a Republican-turned-independent strategist who also teaches political science at the University of Southern California.\u003c/p>\n\u003cp>“The original announcement sounded like a seminal step for the state of California to take on principle, even at great financial expense,” Schnur said. “They’ve quietly backed away.”\u003c/p>\n\u003cp>Through a records request, KHN learned the state paid Walgreens $1.5 billion last year to buy and dispense prescriptions to Medi-Cal enrollees. The bulk of the payment, $1.4 billion, reimbursed Walgreens for the prescriptions it distributed. And the remaining $123 million went to dispensing fees, a payment to pharmacists for each prescription they fill. The federal government covers at least half the state’s payments, which are also offset by rebates from drug manufacturers.\u003c/p>\n\u003cp>A Walgreens spokesperson declined to comment on its business with California, referring to the same statement it issued in March: “Providing legally approved medications to patients is what pharmacies do, and is rooted in our commitment to the communities in which we operate.”\u003c/p>\n\u003cp>Walgreens said it plans to dispense mifepristone “in any jurisdiction where it is legally permissible to do so.” The company was responding to an \u003ca href=\"https://www.fda.gov/drugs/postmarket-drug-safety-information-patients-and-providers/information-about-mifepristone-medical-termination-pregnancy-through-ten-weeks-gestation\">FDA rule finalized in January that allows certified pharmacies to dispense the abortion pill\u003c/a>, which is the most common way people terminate pregnancies. Walgreens isn’t proposing to limit abortion pill sales in California or other states where abortion is legal and pharmacies are allowed to dispense it.\u003c/p>\n\u003cp>Democrats have \u003ca href=\"https://www.governor.state.nm.us/wp-content/uploads/2023/03/Governor-Letter-to-Pharmacy-Retail-Companies__3.14.23.docx.pdf\">urged pharmacy chains to sell the abortion pill (PDF)\u003c/a> even as GOP attorneys general threaten legal action. But many, including Walmart, Costco, Albertsons and Health Mart, have not waded into the fight. Only Rite Aid and CVS have said they plan to begin certification to dispense the pills.\u003c/p>\n\u003cp>Had Newsom been able to sever Medi-Cal’s relationship with Walgreens, he would have contradicted one of his signature health initiatives: When he took office in 2019, Newsom proposed the state take over prescription drug coverage for Medi-Cal patients, many of whom had been covered through managed-care plans.\u003c/p>\n\u003cp>Part of Newsom’s pitch: Patients could go to \u003ca href=\"https://www.medi-calrx.dhcs.ca.gov/home/education\">nearly any pharmacy\u003c/a> in California.\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">California Healthline is a service of the California Health Care Foundation produced by Kaiser Health News.\u003c/span>\u003c/i>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"California is legally bound to continue doing business with Walgreens despite Gov. Gavin Newsom's tweet last month declaring the state would cut ties with the pharmacy chain over it's not distributing an abortion pill in 21 states where Republicans threatened legal action.","status":"publish","parent":0,"modified":1680826100,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":1173},"headData":{"title":"Feds to Block Gov. Newsom From Cutting Ties With Walgreens | KQED","description":"California is legally bound to continue doing business with Walgreens despite Gov. Gavin Newsom's tweet last month declaring the state would cut ties with the pharmacy chain over it's not distributing an abortion pill in 21 states where Republicans threatened legal action.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"nprByline":"\u003ca href=\"https://californiahealthline.org/news/author/samantha-young/\">Samantha Young\u003c/a> ","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11945838/feds-to-block-gov-newsom-from-cutting-ties-with-walgreens","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Gavin Newsom declared last month that \u003ca href=\"https://twitter.com/GavinNewsom/status/1632811406344192000?s=20\">California was “done” doing business with Walgreens\u003c/a> after the pharmacy chain said it would not distribute an abortion pill in 21 states where Republicans have threatened legal action. Since then, KHN has learned that the Democratic governor must compromise on his hard-line tweet.\u003c/p>\n\u003cp>California is legally bound to continue doing business with Walgreens through the state’s massive Medicaid program, health law experts said. And according to a public records request, the state paid Walgreens $1.5 billion last year.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘California has no intention of taking any action that would violate federal Medicaid requirements, or that could undermine access for low-income individuals.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Tony Cava, spokesperson, California Department of Health Care Services","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Newsom’s administration confirmed it will “continue to comply” with federal law by paying Walgreens through Medi-Cal, which provides health coverage to roughly 15 million residents with low incomes and disabilities. Were California to stop covering Medi-Cal prescriptions filled at Walgreens stores, legal scholars warned, the state would run afoul of federal law, which allows patients to get their medications at any approved pharmacy.\u003c/p>\n\u003cp>“California has no intention of taking any action that would violate federal Medicaid requirements, or that could undermine access for low-income individuals,” said Tony Cava, spokesperson for the California Department of Health Care Services, in a statement.\u003c/p>\n\u003cp>Newsom spokesperson Anthony York said, “Tweeting is not policy.” He added the governor will not “take any action that hurts people who need access to care.” Walgreens has even been reinvited to apply for \u003ca href=\"https://www.gov.ca.gov/2023/03/08/governor-newsom-california-pulls-back-renewal-of-walgreens-contract/\">a specialty drug contract that Newsom pulled back on renewing last month\u003c/a>, York said. Walgreens has received about $54 million from the state under the contract.\u003c/p>\n\u003cp>The dustup with the Illinois-based pharmacy chain illustrates Newsom’s panache for sweeping announcements on social media, where he garners national headlines but offers few specifics and little follow-through, political strategists said. Newsom has raised his national profile — and speculation of a presidential bid — by traveling to red states and launching \u003ca href=\"https://apnews.com/article/california-governor-newsom-president-democrats-2024-843877ca6aca701a5a68b8cb022203a2\">a new political action committee\u003c/a>.\u003c/p>\n\u003cp>“It’s much more about appearances and style and approach than it is about substance,” said David McCuan, political science department chair at Sonoma State University. Newsom and his administration “oversell their pronouncements and don’t actually deliver.”\u003c/p>\n\u003cp>On March 6, the governor tweeted, “California won’t be doing business with @walgreens — or any company that cowers to the extremists and puts women’s lives at risk,” after the second-largest U.S. pharmacy chain said it would not dispense mifepristone in states where it is illegal to dispense the pill or where the company would face potential lawsuits if it did so.\u003c/p>\n\u003cp>Democratic strategist Steve Maviglio said continuing to pay Walgreens through Medi-Cal doesn’t take away from Newsom’s support of abortion rights.\u003c/p>\n\u003cp>“He’s going to get the headline for protecting abortion rights, and this he can chalk up to a technical difficulty,” Maviglio said. “He will be rewarded for standing up to a corporation.”\u003c/p>\n\u003cp>Federal law is designed to ensure Medicaid patients have choices in where they get health care, including prescriptions. Approved providers like Walgreens are protected by \u003ca href=\"https://www.govinfo.gov/content/pkg/COMPS-8765/pdf/COMPS-8765.pdf#=page26\">Medicaid statute (PDF)\u003c/a>, which states that no health plan or entity can “restrict the choice of the qualified person from whom the individual may receive services.” Legal and Medicaid experts said that makes it extremely difficult for the Newsom administration to disqualify Walgreens.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11942999,news_11922237","label":"Related Posts "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“As long as Walgreens is performing for Medicaid beneficiaries as it should, dispensing all legal drugs in a manner that is consistent with permissible pharmacy practice, then I don’t see the basis for excluding them,” said Sara Rosenbaum, professor of health law and policy at George Washington University.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-431/subpart-B/section-431.51\">federal regulations\u003c/a> that protect Walgreens are the same that have allowed Planned Parenthood to offer health care services to Medicaid enrollees in conservative states, where leaders have sought unsuccessfully to exclude the network of clinics from receiving taxpayer funding.\u003c/p>\n\u003cp>An approved pharmacy company can be excluded from state networks only if it has committed fraud or other contract violations, added Edwin Park, a research professor with expertise in Medicaid law at Georgetown University.\u003c/p>\n\u003cp>“Certainly, that wouldn’t be the case for Walgreens,” Park said.\u003c/p>\n\u003cp>It’s unclear whether Newsom was aware of how difficult it would be for California to unwind its Medi-Cal provider agreement with Walgreens, said Daniel Schnur, a Republican-turned-independent strategist who also teaches political science at the University of Southern California.\u003c/p>\n\u003cp>“The original announcement sounded like a seminal step for the state of California to take on principle, even at great financial expense,” Schnur said. “They’ve quietly backed away.”\u003c/p>\n\u003cp>Through a records request, KHN learned the state paid Walgreens $1.5 billion last year to buy and dispense prescriptions to Medi-Cal enrollees. The bulk of the payment, $1.4 billion, reimbursed Walgreens for the prescriptions it distributed. And the remaining $123 million went to dispensing fees, a payment to pharmacists for each prescription they fill. The federal government covers at least half the state’s payments, which are also offset by rebates from drug manufacturers.\u003c/p>\n\u003cp>A Walgreens spokesperson declined to comment on its business with California, referring to the same statement it issued in March: “Providing legally approved medications to patients is what pharmacies do, and is rooted in our commitment to the communities in which we operate.”\u003c/p>\n\u003cp>Walgreens said it plans to dispense mifepristone “in any jurisdiction where it is legally permissible to do so.” The company was responding to an \u003ca href=\"https://www.fda.gov/drugs/postmarket-drug-safety-information-patients-and-providers/information-about-mifepristone-medical-termination-pregnancy-through-ten-weeks-gestation\">FDA rule finalized in January that allows certified pharmacies to dispense the abortion pill\u003c/a>, which is the most common way people terminate pregnancies. Walgreens isn’t proposing to limit abortion pill sales in California or other states where abortion is legal and pharmacies are allowed to dispense it.\u003c/p>\n\u003cp>Democrats have \u003ca href=\"https://www.governor.state.nm.us/wp-content/uploads/2023/03/Governor-Letter-to-Pharmacy-Retail-Companies__3.14.23.docx.pdf\">urged pharmacy chains to sell the abortion pill (PDF)\u003c/a> even as GOP attorneys general threaten legal action. But many, including Walmart, Costco, Albertsons and Health Mart, have not waded into the fight. Only Rite Aid and CVS have said they plan to begin certification to dispense the pills.\u003c/p>\n\u003cp>Had Newsom been able to sever Medi-Cal’s relationship with Walgreens, he would have contradicted one of his signature health initiatives: When he took office in 2019, Newsom proposed the state take over prescription drug coverage for Medi-Cal patients, many of whom had been covered through managed-care plans.\u003c/p>\n\u003cp>Part of Newsom’s pitch: Patients could go to \u003ca href=\"https://www.medi-calrx.dhcs.ca.gov/home/education\">nearly any pharmacy\u003c/a> in California.\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">California Healthline is a service of the California Health Care Foundation produced by Kaiser Health News.\u003c/span>\u003c/i>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11945838/feds-to-block-gov-newsom-from-cutting-ties-with-walgreens","authors":["byline_news_11945838"],"categories":["news_8"],"tags":["news_25015","news_32609","news_32610","news_2211"],"affiliates":["news_20286"],"featImg":"news_11945886","label":"news_20286"},"news_11943288":{"type":"posts","id":"news_11943288","meta":{"index":"posts_1591205157","site":"news","id":"11943288","score":null,"sort":[1678490769000]},"guestAuthors":[],"slug":"post-roe-calepa-secretary-yana-garcia","title":"Post-Roe | CalEPA Secretary Yana Garcia","publishDate":1678490769,"format":"video","headTitle":"KQED Newsroom | KQED News","labelTerm":{"term":7052,"site":"news"},"content":"\u003cp>\u003cb>Post-Roe\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">A move to stop selling abortion pills by Walgreens has led California to cut ties with the pharmaceutical giant. We check in with\u003c/span>\u003cspan style=\"font-weight: 400\"> Katherine Tangalakis-Lippert, reporter for Insider, on the latest fight surrounding reproductive rights.\u003c/span>\u003c/p>\n\u003cp>\u003cb>CalEPA Secretary Yana Garcia\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Plus, the California Environmental Protection Agency often leads policies that are ahead of the nation in the fight against climate change. We sit down with the newest Cal EPA secretary, Yana Garcia, to discuss what she plans to accomplish.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Something Beautiful: Chinese Culture Center of SF\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">In 1965, one year after the passage of the Civil Rights Act, the Chinese Culture Center of San Francisco was founded to combat racism and inequity. Fifty years later, the center is still elevating underserved communities, and it's this week's look at Something Beautiful.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1678491899,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":137},"headData":{"title":"Post-Roe | CalEPA Secretary Yana Garcia | KQED","description":"Post-Roe A move to stop selling abortion pills by Walgreens has led California to cut ties with the pharmaceutical giant. We check in with Katherine Tangalakis-Lippert, reporter for Insider, on the latest fight surrounding reproductive rights. CalEPA Secretary Yana Garcia Plus, the California Environmental Protection Agency often leads policies that are ahead of the nation in","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"videoEmbed":"https://youtu.be/viMJw41C_fM","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11943288/post-roe-calepa-secretary-yana-garcia","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>Post-Roe\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">A move to stop selling abortion pills by Walgreens has led California to cut ties with the pharmaceutical giant. We check in with\u003c/span>\u003cspan style=\"font-weight: 400\"> Katherine Tangalakis-Lippert, reporter for Insider, on the latest fight surrounding reproductive rights.\u003c/span>\u003c/p>\n\u003cp>\u003cb>CalEPA Secretary Yana Garcia\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Plus, the California Environmental Protection Agency often leads policies that are ahead of the nation in the fight against climate change. We sit down with the newest Cal EPA secretary, Yana Garcia, to discuss what she plans to accomplish.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Something Beautiful: Chinese Culture Center of SF\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">In 1965, one year after the passage of the Civil Rights Act, the Chinese Culture Center of San Francisco was founded to combat racism and inequity. Fifty years later, the center is still elevating underserved communities, and it's this week's look at Something Beautiful.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11943288/post-roe-calepa-secretary-yana-garcia","authors":["236"],"programs":["news_7052"],"categories":["news_223","news_31795","news_19906","news_457","news_8"],"tags":["news_866","news_28321","news_32516","news_32515","news_20023","news_20277","news_32514","news_2211","news_32513"],"featImg":"news_11943289","label":"news_7052"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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