The Walgreens security guard who fatally shot a shopfitter in San Francisco used unnecessary aggression, and it was not a clear case of self-defense ... so says a former prosecutor who's challenging the D.A.'s theory.
Attorney Tony Brass joined "TMZ Live" Tuesday shortly after San Fran's District Attorney Brooke Jenkins released the footage of the April 27 shooting to show why she was not charging security guard Michael Earl-Wayne Anthony for killing Banko Brown.
Tony says, on a human level, it is super clear the security guard used a high level of aggression when he confronted Brown, which he finds absurd considering it was a shoplifting case "at best" ... and not an imminent danger.
On top of that, Tony says he's super shocked the D.A.'s already decided it was self-defense and there should be no charges. From his perspective, Anthony should've just let the guy go when he tried to leave ... and the gun was not necessary at all.
As we reported, Jenkins shared the footage Monday of the violent encounter ... that ended with Anthony gunning down Brown as he fled the store with a bag of allegedly stolen items.
Tony also points out the election of Jenkins as D.A. was a direct response to the former D.A. Chesa Boudin, who helped build San Francisco's "soft on crime" rep.
Regardless though ... Jenkins' decision in this case is not sitting right with Tony, who says self-defense is possible, but should be left for a jury to decide.