The man shot and killed Monday in San Francisco, allegedly by filmmaker Kevin Epps, was a registered sex offender with a two-decade history of domestic violence and drug abuse and who had just been released from custody after serving jail time on a parole violation, according to documents reviewed by NBC Bay Area. Mark Mattews reports. (Published Tuesday, Oct. 25, 2016) 
 
 The man shot and killed Monday in San Francisco, allegedly by filmmaker Kevin Epps, was a registered sex offender with a two-decade history of domestic violence and drug abuse and who had just been released from custody after serving jail time on a parole violation, according to documents reviewed by NBC Bay Area. 
 
 Epps was arrested in the fatal shooting of Marcus D. Polk on Monday, but he was released Tuesday after the District Attorney's Office cited insufficient evidence to charge him with homicide. 
 
 Polk, 45, was freed on Oct. 19, after serving 12 days for a drug-related violation of his parole, court records show. 
 
 Polk has a criminal history that dates back to 1995, including lewd acts with a child, attempted robbery, domestic violence and auto theft, court records show. 
 
 Those records show that since 2012, Polk allegedly violated his release conditions about 30 times, including repeated allegations of drug use, removing his tracking device and failure to take part in sex offender therapy. 
 
 Marcus Polk Sr. 
 
 
 
 On Oct. 5, Polk told probation officials that he was under the influence of methamphetamine at the parole office in San Francisco. Court records show that the next day, his sex offender program clinician told parole officials that she was “concerned that the subject might pose a risk to public safety if he remained in the community, due to his substance abuse." 
 
 The following day, Oct. 7, Polk was arrested at the parole office in San Francisco for parole violation due to drug use. After a hearing on Oct. 19, he was freed by Judge Gerardo Sandoval, given credit for time served. 
 
 The parole agent’s report concluded that Polk’s “parole adjustment has been dismal and frequently sabotaged by his repeated use of methamphetamine.” 
 
 “Polk has demonstrated he is unwilling to comply with his terms and in response to his behavior, poses an unreasonable risk to the safety of the public,” his parole evaluator concluded, asking that he sent back into custody for 60 days. In the end, the judge freed him with more parole restrictions after he was jailed for 12 days. 
 
 Polk’s son, Marcus Polk Jr., said he was not there when his father was killed. 
 
 “I think based on history, there was a lot of anger in the person who did this,” Polk Jr. said. “My dad, he made a lot of jokes at other people’s expense. There was never any hostility; he was going to point out the uncomfortable truths, and that happened, according to what I’ve been told. And the person who did this, he had enough, I guess. And, while the guy’s back is turned to him, from what I’m told, he shot a man in the back.” 
 
 He said Epps is a relative, the father of his cousin. 
 
 Polk Jr. said his father had been “homeless for a while, "so he comes by, eats, doesn’t put money in or anything. ... But if you don’t like that, call the cops, have the guy exited from the building, but you don’t kill him, man.” 
 
 He went on to say his father, “wasn’t exactly living here, but he was here frequently.” 
 
 On what happened before the shooting, Polk Jr. said his father "showed up out of the blue ... and from what I was told, he made a comment of 'She doesn’t really like you.' I think that’s what did it. ... 'She doesn’t even like you.'" ||||| Cost To Run Stockton Prison SkyrocketsThe crown jewel in California's correctional system is costing the state a ton of money. Emily Turner reports. (10/30/16) 
 
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 San Francisco filmmaker Kevin Epps will not be charged in the fatal shooting of a man in Epps’ Glen Park home, the district attorney’s office said Tuesday night. 
 
 Epps, who was arrested on suspicion of murder shortly after the shooting Monday afternoon, was expected to be released from San Francisco County Jail by the end of Tuesday night. The district attorney declined to file charges citing insufficient evidence at this time, officials said. 
 
 The arrest of Epps had shocked his friends and others who appreciated his nearly two decades of work, documenting the effects of violence in San Francisco’s poorest and most neglected neighborhoods. His gritty films won accolades and established Epps — who spoke of escaping his own past as a street hustler — as an artist with an original perspective. 
 
 Friends said Tuesday, before learning of Epps’ release, that the 48-year-old man who grew up in Bayview-Hunters Point was gentle and committed to his community and work. 
 
 
 
 
 
 
 
 
 
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 Photo: Liz Hafalia/San Francisco Chronicle / / Image 1 of / 9 Caption Close Image 1 of 9 Filmmaker Kevin Epps is seen on Friday, July 8, 2011 after being named as a de Young Artist Fellow. The San Francisco District Attorney declined to file charges against Epps after he was arrested on Monday for a killing inside his Glen Park home and later released without being charged. less Filmmaker Kevin Epps is seen on Friday, July 8, 2011 after being named as a de Young Artist Fellow. The San Francisco District Attorney declined to file charges against Epps after he was arrested on Monday for ... more Photo: Liz Hafalia/San Francisco Chronicle / / Image 2 of 9 Police officials have not elaborated on what preceded the 1:30 p.m. killing of 45-year-old Marcus Polk, shown above, who was homeless and knew Epps and his family. 
 
 Police officials have not elaborated on what preceded the 1:30 p.m. killing of 45-year-old Marcus Polk, shown above, who was homeless and knew Epps and his family. Photo: California DOJ / California Department Of Justice Image 3 of 9 FILE - Kevin Epps lead the crowd of protesters in a chant over the killing of Oscar Grant rally at BART's Civic Center, Monday Jan. 12, 2009, in San Francisco. FILE - Kevin Epps lead the crowd of protesters in a chant over the killing of Oscar Grant rally at BART's Civic Center, Monday Jan. 12, 2009, in San Francisco. Photo: Lacy Atkins / The Chronicle / / Image 4 of 9 FILE - Kevin Epps, director of "Straight Outta Hunter's Point," is photographed in San Francisco in 2003. FILE - Kevin Epps, director of "Straight Outta Hunter's Point," is photographed in San Francisco in 2003. Photo: Lacy Atkins / The Chronicle / / Image 5 of 9 Image 6 of 9 Buy photo Police guard the door where a possible homicide took place this afternoon on Monday, October 24, 2016, on Addison St. in San Francisco. Police guard the door where a possible homicide took place this afternoon on Monday, October 24, 2016, on Addison St. in San Francisco. Photo: Liz Hafalia, The Chronicle Buy this photo Image 7 of 9 Buy photo Police guard the door where a possible homicide took place this afternoon as a young woman concerned about her father is consoled by others on Monday, October 24, 2016, on Addison St. in San Francisco. Police guard the door where a possible homicide took place this afternoon as a young woman concerned about her father is consoled by others on Monday, October 24, 2016, on Addison St. in San Francisco. Photo: Liz Hafalia, The Chronicle Buy this photo Image 8 of 9 Buy photo Police guard the door where a possible homicide took place this afternoon as a young woman concerned about her father is consoled by others on Monday, October 24, 2016, on Addison St. in San Francisco. Police guard the door where a possible homicide took place this afternoon as a young woman concerned about her father is consoled by others on Monday, October 24, 2016, on Addison St. in San Francisco. Photo: Liz Hafalia, The Chronicle Buy this photo Image 9 of 9 DA: Filmmaker won’t be charged in SF shooting death 1 / 9 Back to Gallery 
 
 “This is one of the last things I would expect to hear,” said Stanley Cox Jr., better known as Oakland rapper Mistah F.A.B., who was featured in Epps’ 2006 documentary, “Rap Dreams.” 
 
 “He’s one of those guys that you idolize,” Cox, 34, said. “We developed a big brother/little brother relationship. He became my big brother and mentor because of the work he did in the community.” 
 
 Epps had been booked on suspicion of murder and being a felon in possession of a gun in connection with the killing just after 1:30 p.m. Monday at his home on the 100 block of Addison Street. Epps declined to be interviewed after speaking with an attorney from the San Francisco public defender’s office. 
 
 Inside Epps’ house, detectives found a 45-year-old man dead from a gunshot wound. Friends and family members of the victim identified him as Marcus Polk and indicated the two men knew each other. But police would not elaborate on what happened or discuss a possible motive. 
 
 According to court records, Polk was a registered sex offender with prior convictions for attempted robbery and domestic battery. 
 
 It wasn’t immediately clear why Epps was barred from possessing a gun, but Santa Cruz County Superior Court records show he was charged with two felony counts of penetration with a foreign object in 2002, not long after his breakout 2001 documentary, “Straight Outta Hunters Point,” which captured the rough neighborhood where he grew up. Details of that case were not immediately available. 
 
 What brought Polk to the home on Addison Street is unclear, but on Tuesday afternoon, a woman walked up the home’s weathered wooden walkway, lighting a candle outside the locked door and leaving behind a condolence note. 
 
 The woman, who declined to give her name, saying she wanted to respect the family, said she had known Polk for a decade — ever since the two used to take drugs together in “the darker corners of the neighborhood.” 
 
 Now sober, the woman said Polk had entered a spiral of homelessness and drug addiction 10 years ago, when his mother, whom he had been living with, died. He would sporadically show up at the house on Addison Street where two of his children lived, often unwelcome and always causing problems, the woman said. 
 
 “He’d show up out of the blue when he was out of jail,” she said. 
 
 The woman said Polk showed up at her doorstep as recently as a year ago, asking for food and, above all, some company. “It hurts so bad,” the woman said through tears. “I miss his friendliness. He was so sincere, a sincere friend.” 
 
 Half a mile away at the Vista Del Monte apartments on Goldmine Drive in the Diamond Heights neighborhood, residents recalled Polk’s recent eviction from an apartment that was a suspected drug den. 
 
 The complex’s assistant manager, Lena Gilbert, said she served Polk a restraining order that was filed by the apartment’s tenant. That man filed for the order in September, saying in court papers that Polk had no right to live there and “once burned a cigarette on my collar bone.” 
 
 Evan Sernoffsky and Michael Bodley are San Francisco Chronicle staff writers. Email: esernoffsky@sfchronicle.com, mbodley@sfchronicle.com Twitter: @Evan Sernoffsky, @michael_bodley
– Kevin Epps has been making "gritty films" documenting violence in poor San Francisco neighborhoods for two decades—so his arrest Monday after the fatal shooting of a man in his home shocked his friends, who describe him as a gentle community activist, the San Francisco Chronicle reports. "This is one of the last things I would expect to hear," says an Oakland rapper who was featured in Epps' 2006 documentary Rap Dreams. Police booked Epps, 48, on suspicion of murder, but on Tuesday night, the DA's office said it was declining to file charges because of insufficient evidence at this time. Marcus Polk, 45, was found dead of a gunshot wound inside Epps' San Francisco home just after 1:30pm Monday. Police have declined to offer details of what happened, why Polk was in Epps' home, or what a possible motive might be, but Polk's son tells CBS San Francisco that Epps was married to Polk's ex-wife. Polk was a registered sex offender and had a rap sheet dating back to 1995 that included drug offenses, domestic violence, attempted robbery, and auto theft, NBC Bay Area reports. A woman who came to Epps' home to mourn Polk told the Chronicle she had known him for 10 years and that he had fallen into drugs and homelessness after his mother, with whom he lived, died a decade ago. She says he would often show up uninvited at the home where he ultimately died, in which his two children still lived, and cause trouble. Residents at a nearby apartment complex say he had recently been evicted from an apartment there that was believed to be a drug den; the apartment's tenant filed for a restraining order against Polk saying he had no right to live in there and had once gotten violent with him. Polk's son says his father insulted Epps and they got into an argument prior to Polk's shooting. Vic Lee of ABC 7 tweets that sources say the shooting may have been self-defense.