Concerns Raised Over Epps Trial Sentencing as Racial Disparities Persist in California Judiciary

Community advocates and legal experts argue that the prosecution and conviction of filmmaker Kevin Epps highlight systemic inequities in the criminal justice system.

Mar. 29, 2026 at 12:43am by Ben Kaplan

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As San Francisco-based filmmaker Kevin Epps awaits sentencing for a 2016 fatal shooting, his supporters continue to raise allegations of selective prosecution, prosecutorial misconduct, and judicial error in his recent murder trial. The issues go beyond this singular case, they say, highlighting longstanding concerns about structural inequity and racial disparities in criminal cases involving African American men.

Why it matters

The Epps case shines a light on the lack of diversity within California's judiciary, which community leaders argue reinforces unequal outcomes for minority defendants. Retired Judge Brenda Harbin-Forte, who is African American, has long advocated for greater representation on the bench, noting that judges sometimes rule based on "stereotypes and not an appropriate reading of the facts."

The details

Epps, who claimed self-defense, was acquitted of first-degree murder charges but found guilty of voluntary manslaughter. During his trial, dozens of community members held rallies outside the courthouse, demanding justice. Harbin-Forte, who has closely monitored the case, argues that the prosecution "did so much wrong" to bring Epps into the criminal justice system, citing issues like the use of questionable digital evidence, improper jury instructions, and a lack of transparency around the selection of the judge.

  • Epps' sentencing hearing is scheduled for April 8, 2026.
  • As of March 2026, Black or African American judges represented less than 10% of judges statewide in California.

The players

Kevin Epps

A San Francisco-based filmmaker who was acquitted of first-degree murder charges but found guilty of voluntary manslaughter in a 2016 fatal shooting.

Judge Brenda Harbin-Forte

A retired judge who spent more than 20 years on the bench in Alameda County, and has long been a champion for diversifying the judiciary in California.

Brooke Jenkins

The current San Francisco District Attorney, who has publicly criticized judges for lenient sentences and has drawn criticism for dropping police misconduct cases involving minorities.

Chesa Boudin

Epps' predecessor as San Francisco District Attorney, who attempted to reform the office but was recalled in 2022.

Michael Swart

A prosecutor who reopened the Epps case in 2019.

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What they’re saying

“There is too much that happened to give anybody the sense that this was a proper prosecution and a proper conviction. They ... did so much wrong in order to bring this man into the criminal justice system.”

— Judge Brenda Harbin-Forte, Retired Judge

What’s next

The judge in the case will decide on Epps' sentencing on April 8, 2026.

The takeaway

The Epps case highlights the persistent racial disparities and lack of diversity within California's judiciary, which community leaders argue contributes to unequal outcomes for minority defendants. The case has raised serious questions about prosecutorial misconduct and judicial bias, underscoring the need for greater transparency and accountability in the criminal justice system.