good evening. this is "nbc bay area news tonight." i'm raj mathai. a lot is unfolding at this hour. we begin with breaking news in san francisco. there's a protest happening right now along market street. in fact, here's some video just in to the newsroom.

people upset with district attorney brooke jenkins for her decision not to press charges after that deadly walgreens shooting. this is the scene right now. this all stems from the shooting death of suspected shoplifter banko brown. brown was shot and killed by a walgreens security guard just a few weeks ago. let's bring in nbc bay area's terry mcsweeney, who joins us, i believe, right at city hall. terry, where are you and what's happening with the protest? we can hear it right behind you. >> reporter: yeah, right here in front of san francisco city hall. about maybe 200 protesters have marched from the walgreens on market street where the shooting took place, the shooting that took the life of banko brown, and they have marched here to san francisco city hall. as you mentioned, they're very upset with the district attorney. they think that brooke jenkins should have charged the security guard for the shooting of banko brown. today the video was released showing the surveillance video of the actual shooting, what led up to it, the moment that it

happened, and it's very interesting. i've been talking to some supervisors and some others, and there is a video, but there's interpretation by everybody who looks at it. was there a moment when the security guard reasonably believed his life was in danger? that is the question. brooke jenkins says she couldn't prove this in front of a jury. supervisors who i've spoken to say that you certainly could have -- one supervisor, shamann walton, is describing this as an execution of banko brown. but getting back to in front of san francisco city hall, a couple hundred very peaceful people marching from walgreens up to here, escorted by san francisco police, very well organized. you see the signs, and they want justice for banko brown. and for them, that would mean that the security guard who shot and killed him would be charged with a crime. some are saying murder.

some say manslaughter. the charges vary, but they want charges for that security guard who killed banko brown. >> terry mcsweeney reporting live from this protest that's gone down market street right to where terry is at city hall. we'll check back in with terry as this evening progresses. so we're talking about that video that was released today. it is difficult to watch and was one of several pieces of evidence that the district attorney, brooke jenkins, made public today. she stresses the security guard, that the evidence suggests the guard acted in self-defense. now, the walgreens security camera -- here it is -- it captures the nearly minute-long ststruggle between banko brown d the security guard, michahael el wayne anthony. the security guard is in the black shirt there. it begins as the guard confronts brown about stolen items. the confrontation quickly turns violent. after a moment, the guard lets go. we're going to get that video back up to you.

when brown gets up, moves toward the door, that's when the fatal shot is fired. in a recorded interview with homicide investigators, the guard tells investigatorors whye says he fired his gun. the gun refers to banko brown as she because friends and family, we should note, say banko brown identified as a trans male. >> hey, i'm going to let you go, but i'm going to need you to calm down. and so i repeated it to her, and once i let go, i stood back because the whole time we were wrestling, she was saying that she was going to stab me. and that's what really put the fear in my heart. >> joining us now is san francisco district attorney brooke jenkins. nice to have you back on the program. that is difficult to watch, that video. a lot of public pressure, brooke, to release this video.

this is very rare to release something like this. why did you finally do it? >> i understood the public outcry over this case. we had a life be lost, a life that was valued, a life that was loved and appreciated, and people have an overwhelming reaction to what happened. and so i assured the public that we would be fully transparent about how we arrived at the decision, including a comprehensive report regarding our legal analysis and how we got there, but also to release the evidence as well. >> we just talked about this a couple minutes ago, optics and interpretation. just releasing that video, the visual part of that, it is hard to watch. it shows banko brown retreating out of walgreens when he was shot. the audio is also important here of this confrontation, but we don't hear that. what do we need to know? >> there is no audio associated

with that video, and so it is. it's very difficult to watch. i had the same reaction that probably anyone who has watched that video has had initially. unfortunately as prosecutors, we don't have the ability to stop there. we have to review all of the evidence, and that's why we made a conscious decision to release the police interview with mr. anthony, the security guard, the body-worn camera footage of the police's initial interactions with him, as well as the witness statements contained in the police report because that is what gives context to the video. >> brooke, is it valid or fair for people to say if you're not going to press charges, why don't you and let the jury decide in this situation? >> that is not a fair request. our charging standard is not simply, let's just file charges and see what a jury decides. our charging standard is do we believe we have proof that a crime was committed beyond a

reasonable doubt, that when we file the charges, that we believe 12 jurors would find this person guilty. that's the standard. we can't hold somebody in jail for sometimes years even as these cases proceed through the system just on the off chance that a jury may decide to convict later. we have to believe at the outset that we can meet that burden. >> we're looking at live pictures right now of the protest that just about 15 minutes ago marched down market street. it is now at the steps of city hall. if you were at this protest tonight, what would you say to these people who want you to press charges? >> i would say i understand their pain. i, too, have had a loved one be murdered in this city, somebody in my family. i know what that feels like to grieve and to be in a situation where you want law enforcement to bring you justice. i got into this profession as an assistant prosecutor to seek justice for victims of crime. and so it is -- it is a tough

situation to feel like you can't provide the form of justice that a family or a community wants. but i have to maintain that we have to follow our ethical standard, and we have to look at the law and the facts and see where that takes us. >> brooke, you are relatively new to this job, but you are learning really quickly about the politics involved. san francisco supervisor aaron peskin is calling on the california attorney general, rob bonta, and the department of justice to launch a review into your decision not to press charges. could those entities step in and force your hand? >> i've made all of the evidence available. anyone can review that evidence if they so wish. again, i try to remove politics from these decisions because politics has no place in the decision-making within this office. we must keep politics out of it in order to adhere to our ethical obligation, and that's what i've committed to san francisco that i will do, and that's what i will continue to

do. and it's unfortunate that, you know, we're at a point now where people are unwilling to look beyond just one piece of evidence and not look at the evidence as a whole, which i believe is a part of the issue. but i stand by the decision that my office made at this time. >> we know these are challenging and difficult decisions for you to make. we appreciate your time here on nbc with us tonight, brooke. thank you. >> thank you, raj. >> now, the police interviews with that security guard did play a major role in the d.a.'s decision not to prosecute. in part of the interview, one of those interviews, the security company that the guard works for has repeatedly changed its policies when it comes to engaging shoplifters and when not to. the guard said he wasn't totally sure what the policy was at the time of the shooting. >> because they kept on changing it back and forth. now, it's like particular. it's like, okay, if you suspect or if you seen it, then -- then

you can go that route. but if you haven't seen anything, you can't follow nobody, and i never did that. i only seen what i seen. i didn't want to look like i was doing nothing at all because i do care. >> pretty hard to do your job when you're not quite sure what the policy is. that guard was questioned by san francisco police in two separate interviews totaling about three hours. you can watch the full interview. we've posted it on our website at nbcbayarea.com. now, before this new video was released today by the district attorney, a city supervisor started calls to restrict the use of guns by private security guards in san francisco. so really not to have any armed security guards. investigative reporter hilda gutierrez joins us now and looked at the current law for security guards. i would imagine this is also pretty detailed, hilda. >> yes. current state and city law allow for the use of weapons in the

case of threats to persons and/or property. supervisor dean preston says property should never be placed above human life and wants to stop private security guards from drawing their weapons unless they face a specific threat to human safety. now, drawing a gun to stop a shoplifter would not be allowed. but under current state law, security guards are allowed to carry firearms if they can satisfy certain training requirements. also san francisco has its own law that defines the circumstances under which security guards can draw their handguns. it states the following. it should be unlawful for any armed guard while in any place in the city and/or county of san francisco, to draw or exhibit other than in a holster, any handgun except in lawful response to an actual and specific threat to person and/or property. it also makes it unlawful for any person or corporation which employs an armed guard to require them to act against the law. i'm hilda gutierrez with the investigative unit.

>> hilda, thank you. our other headlines tonight, thousands of families breathing a sigh of relief. that strike is over, and oakland teachers will be back in the classrooms tomorrow. just as important, students will be back in the classrooms. that teachers union and the school district came to a tentative agreement this morning. under the $70 million deal, teachers' salaries will be raised by 10%, and each teacher will get a $5,000 onetime stipend. the district has also agreed to expand the number of counselors, librarians, nurses, and visual and performing arts teachers in the various schools. the district and union also agreed to a set of so-called common good proposals regarding housing for homeless students, school closures, and potential reparations for black students. >> the hope is that we can get better in terms of building trust. i mean, whenever you have strikes, it's a sign that there's more investment that needs to be done in terms of trust-building. and that's something that i'm committed to doing.

>> i know that this is a long-term struggle. this is something that we started, and it's setting a precedent. but really impacting the community to show, like, what we have done. >> this deal comes just eight days before the end of school. school officials say they expect the year will end on time. the new agreement covers the next 2 1/2 years and still needs to be ratified by union members before final approval from the district and school board. all right. up next, is it really going to happen? leaving oakland to las vegas? we have an update. the a's strike a new deal to build that ballpark in vegas. we'll tell you exactly where and what the details are. also, a spike in crime and fear on the streets. tonight san francisco's new plan to help communities take back contro you're watl.ch

after a lot of complaints from merchants and a rise in crime, san francisco is expanding its community ambassador program to the mission district, trying to take back the streets here. the mission is the largest latino corridor in san francisco. according to current statistics, sfpd has seen an increase in robberies and vehicle thefts compared to the same time last year. our reporter with telemundo was invited to walk along with two members of the first ambassador program in the mission. this happened today. she spoke with merchants, who say they have had thousands of

dollars stolen. one salon owner's son was even stabbed during one of the robberies. >> translator: they threw him on the floor, pointed a gun at him. they also had knives, and i had to interfere to save my son. >> they didn't ask to be in those situations. that's just the hands and the cards they were dealt. so our jobs as connectors, we try to help. >> the city is investing $2 million in the mission ambassador program for the next year, seven days a week, providing health, housing, and safety resources to the people who need it. we talk so much about the tenderloin, but the mission sometimes gets overlooked. how bad is the problem and is it getting to be as bad as the tenderloin? >> i have to tell you what the community is telling me and what i saw with my own eyes. people are saying this is the new tenderloin. that's how serious it is. i've been spending a lot of weeks going to the mission. you know, especially if you go to 24th street, at the b.a.r.t.

station, you see a lot of people doing drugs there, people selling drugs there too. >> yeah. >> and that's the situation that merchants and residents are also telling me they're seeing. and they're also telling me that they use this b.a.r.t. station to sell stolen products. so, i mean, as you can imagine, these people that only depend on what they sell at the mission, they have to deal with all of this, and people don't want to come back to the mission because of that. so they're losing money. >> yeah. >> so they're seeing this program as, you know, something hopeful so things can change. >> so you talk about this program. the city is investing some money in it and some time for the next year. will this help? do those merchants and business owners and even people who live there say, we think this will help? >> i think what they want is consistency. they want to make sure that, you know, it's great that the ambassadors are going there, talking to people, giving them resources. but what they want is for the mission to stay how it used to be. and that's what they're hopeful, you know. they really want a change. they're desperate.

and the problem is that a lot of people that work at the mission are undocumented. >> yeah. >> they don't speak english, so they don't want to report anything because they're also scared. so hopefully with the ambassadors being there, they can help them figure out how to make a police report. >> it's challenging. okay. these ambassadors are not police officers. >> no. >> they're not armed. what about their safety because you walk around in the mission and tenderloin, it's challenging. >> well, they're only going to have a radio, and they're going to be walking in groups of four. and that's the only, you know, way they're going to be walking there. so they're not armed, but they hope that by the way that they talk to people, the way they interact with people, they can build a relationship with the community and make them feel comfortable, you know. i mean even if they feel unsafe or they need help with drug addiction. >> they're really just a liaison for someone to speak with if

someone needs help and perhaps if people are undocumented, they trust they can talk to these ambassadors? >> look, they train for two weeks, so they are well knowledgeable. you know, they now how to deal with situations. they also know what kind of help and services are out there depending on the situation of the person. so they are ready. you're going to see them out there today if you go to the mission, and they're there to do the work and to help, you know, the people at the mission. >> keep us posted on this. thank you. let's move on now. there's a good chance you've talked about it, leaving the bay area or someone you know has already left the bay area. we love keeping track of this. where are all those people going? we've got the new data. according to zillow, take a look. austin, texas, remains the top spot for bay area transplants. a lot of tech. a lot of young people. great barbecue and live music. even some venture funding out there in austin. las vegas and reno number two and three on the list, along

with miami and orlando, florida. while all those places have their benefits, let's just cut to the chase here. this is all about money. those other cities, well, they're cheaper and have jobs. new data about where everyone's going. let's take you outside on this monday night. a live look now in san francisco. a little foggy. a little hazy. jeff is going to join us next to jeff is going to join us next to talk aboutur week o

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welcome back. this roller coaster ride continues. are they really leaving oakland? well, the a's do have a new land deal in las vegas. bally's has reached a binding agreement with the a's to build a new ballpark where the tropicana hotel is. this is at the southern end of the strip near the mgm hotel. this is the second land deal the a's have entered within the last month. this new agreement undoes the first deal with red rock resorts. construction on the proposed 30,000-seat ballpark could start next year, and the new ballpark could open in 2027. no word on where the a's would play when the lease runs out at the oakland coliseum next year. so they could be a team without a home technically. >> oh, my gosh. very interesting to follow. i'm sad to see them go. >> well, i won't believe it until they actually go. in the early 1990s, the giants were supposed to move to florida, and it was a done deal. and that never happened. we still have a chance. >> we're waiting day by day.

in that forecast, we've had some beautiful weather this weekend. and today not too shabby. let's move it into that microclimate forecast. we're tracking some of this beautiful fog rolling into san francisco from our sutro tower camera. that fog will be with us for tomorrow morning. we'll start it off with temperatures in the 50s and generally a light wind coming out of the west at 5. let me show you that fog. you'll see it's widespread tomorrow morning with clouds in the north bay, east bay, south bay, and peninsula. most of that clears back right here through the afternoon for sunny skies except at the beaches, where we'll hang on to some of that fog. we are getting so lucky. we had this cooler system in the pacific, and i say lucky because with that system in the pacific, it's helping this high pressure from not getting too strong. so, yes, warmer tomorrow, but it does look like hot 100s will stay away. check out that forecast here. you can see we're going up to 86 in santa rosa. we can manage this.

90 in concord. 82 san jose. 74 in santa cruz. san francisco, half moon bay will be in the 60s. on my seven-day forecast, we go up again a little bit here tomorrow. then we go back down thursday and friday and saturday, 70s, and still looking mighty fine into early next week. we have been waiting all year for this kind of a forecast, and, well, here it is, raj. >> it looks great. thank you, jeff. as we wrap up, mario lopez just getting started with "access hollywood." >> well, on tonight's "access," we have an incredible exclusive with kate bosworth, newly engaged in justin long. the real story behind the ring. >> there's this piece of jewelry on your finger that has to be talked about. >> i am so happy. >> that's true love right there. plus, we have katy perry and lionel richie talking about katy's seat-gate moment at the coronation. and beyonce is crushing it on tour. but can you believe it's been 20 years since she released her

first solo hit, "crazy in love"? we're going way back for a deep dive on that. it's all momen as way on "acceshollywood." >> we'll see you in just a second. here's what's coming up in prime time. a lot of music. theemifinals of "the voice." that kicks off at 8:00. then it's jimmy fallon hosting the musical game show "that's my jam." and then of course our 11:00 newscast. and speaking of which, coming up at 11:00, the oakland teachers strike is over, so what does that mean for the parents and the students? tonight at 11:00, we're taking a closer look at the new deal between the district and the teachers union. that's going to do it for us at 7:00. for everyone here at nbc bay area, thanks for joining us. we hope you enjoy your evening, and we hope to see you back at 11:00.

ton on "access hollywood". >> i'm lost. please help me. >> the best moment for me -- >> a coronation fit for a king and a superhero