Shared tragedy, hope for shared healing, and a plea for Kevin Epps to be returned to family and community pending his appeal 

by Carol McGruder

April 8, 2026, was a painful day in the packed courtroom of Judge Brian L. Ferrall.  We were there to hear the sentence the judge would hand to Kevin Epps, who in December was found guilty of voluntary manslaughter for a tragic 2016 incident.

Listening to the impact statements of the now adult children of the victim, Mr. Marcus Polk, was heart wrenching. When Polk’s children described the events of that day, some of them were in the house and witnessed their father dying.  His children described the profound and ongoing effect that this terrible trauma has had on their lives. 

I understood more than most in that courtroom because I can vividly recall my own grandmother sitting in her San Francisco kitchen painfully describing the childhood trauma of her father being killed by his brother-in-law in Mississippi.  That event forever changed the trajectory of two families, starting the family migration from Mississippi to Chicago and for my branch eventually, San Francisco.  I lived my grandmother’s pain through the stories of a tragedy from decades before I was born. 

That day in court, I wished I could have put my arms around Polk’s children and consoled them. I wish I could have told them that, somehow the “first cousin” children of these two men could possibly manage to remain a family — that my favorite aunt, and a woman who profoundly influenced my life, was the granddaughter of the man who had killed my great-grandfather. 

But I had come to court that day to lend moral support to Kevin Epps, the defendant. Kevin is a man I have known for 30 years.  I watched him grow from a budding filmmaker, documenting the harsh realities of the neighborhood where we grew up, to a humble, transformative community leader and activist.

The circumstances of his tragic family event were quite different from mine.  His was an urban story of two imperfect men, who in my eyes were brothers-in-law — as they each had children and long-term relationships with two sisters who were the mothers of their respective children. 

These two men came of age in an era of violence, drugs, societal neglect and, of course, racism. The struggles in their life trajectories were, unfortunately, in many ways predictable. Indeed, they were quite intentional, as the US government was flooding the Black community with crack cocaine in conjunction with a mass incarceration campaign, utterly decimating the Black community.

During those decades, the public health addiction model did not exist for Black people, as our communities endured first heroin and then the catastrophic crack epidemic. The lack of education and economic opportunities primed a whole generation of Black boys and men to engage in self-destructive activities that destroyed lives, families and community. Trauma, violence, substance abuse and untreated mental health issues plagued our community.  

Unfortunately, when Black people face mental illness and substance abuse, the standard treatment of care is incarceration.  They bounce back and forth between jail and the community with family members trying to fill in the gaps that the greater society should address.  One need only look at the many homeless Black men in San Francisco. Our men fill the streets of the Tenderloin and homeless shelters.  

Mr. Polk unfortunately was such a man. His painful past was well documented. The court ruled this history inadmissible and prejudicial, so the jury was not allowed to truly understand the totality of that history. Mr. Polk was portrayed as harmless, and perhaps at one time he was, but he was far from that at the time of the incident.  

I never met Mr. Polk, but I have lived through the painful mental, physical and moral deterioration of a loved one who was never able to surmount the hurdles that many Black men face, simply trying to survive. These are all very pertinent facts that the jury should have been made aware of; this information was the reality of their lives, but it was judged prejudicial and kept from jury knowledge and deliberations. 

Kevin Epps was aware of Polk’s criminal history, mental health and substance abuse issues. There was testimony at the trial that there was friction between the two men and that Kevin did not want Mr. Polk in the home.  In the prosecutor’s summation, he said Mr. Polk was only armed with the television remote, but the true dynamics and history of what happened were not discussed. The prosecutor cannot judge the volatility of the situation nor the fear or danger that Kevin might have felt.  It is interesting to see those members of our society who can assert the right to self-defense and those who are not allowed to. 

During the sentencing, Kevin expressed profound remorse. He took responsibility for his actions. He apologized to Polk’s family and the community.  He regrets the events of that day.  Kevin Epps was sentenced to over six years — six critical years away from his young children, his elderly mother, and a diverse community that has stood firmly with him.  Kevin is appealing the verdict for issues of prosecutorial misconduct that include withholding the history and background of Mr. Polk. A history that was certainly front and center in his demise. 

Kevin was taken into custody the day of the sentencing and now the court must decide if he will be released on bail during the appeal process.  We pray that Kevin be allowed to raise his children and do his vital work in the community pending appeal.  Kevin has been a model citizen during the 9-plus-year ordeal since the shooting and has proven he is neither a flight risk nor a threat to public safety.  He is a powerful and credible man who is creating hope, changing lives and contributing to society. I pray for grace and mercy for all of us. 

Carol McGruder grew up in Bayview Hunters Point. She is a nationally recognized activist and Co-Chair of the African American Tobacco Control Leadership Council, fighting to remove mentholated tobacco products from the US market and to end the Tobacco Industry’s racist predatory targeting of the Black community. To learn more, visit www.SavingBlackLives.org. She can be reached at cmcgruder@usa.net.

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