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SF filmmaker released from custody, talks about arrest

Published  October 26, 2016 8:13pm PDT
News
KTVU FOX 2

SAN FRANCISCO (KTVU) - A San Francisco filmmaker, arrested for the shooting death of a man who a source confirmed was a registered sex offender on Monday, has been released from jail and spoke with KTVU. 

Police arrested Kevin Epps on Monday after a homicide at his home in San Francisco's Glen Park neighborhood, but his attorney is saying the shooting was self defense. 

KTVU's Henry Lee spoke with Epps and his attorney on Wednesday. The defense attorney did get word from the District Attorney's office that there's insufficient evidence at this point to prosecute Epps. 

Epps isn't talking about what led up to the shooting, but says he's grateful for all the support he's received. 

Epps was arrested on suspicion of murder after he allegedly shot and killed 45-year-old Marcus Polk at Epp's home on Addison Street Monday afternoon. 

Sources say a preliminary investigation shows Epps acted in self-defense after Polk broke in to the home where children were present. Epps spent two nights in jail and was released with no charges filed. 

"It's just a myriad of different emotions," Epps said. "I'm just really thankful and blessed; back with kids. Justice can work for a black man in America. I'm just passionate about moving forward and continuing that work with the justice system because it was a just and fair decision." 

"I'm still trying to grapple and process this. It's going to take some time," said Epps. "He was unauthorized," Epps said of the suspected intruder. "He made [a] threatening gesture." 

Epps said he both feared for himself and for his common-law wife. 

Police said the investigation isn't over. In a statement, they said: 

"It is not uncommon for the DA's Office to request additional investigation on a case.  SFPD investigators work closely with the DA's Office and will be continuing the investigation into this matter."

Legal Analyst Michael Cardoza said under state law in what's known as The Castle Doctrine, you can use deadly force within your own home in certain circumstances.