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Mother of Police Shooting Victim, Patrick Kimmons, Says Verdict Was “Not Justifiable” After Shooting Video Is Released

Portland police Wednesday released video of the police shooting of Patrick Kimmons in downtown last month after a Multnomah County grand jury found no criminal wrongdoing by the two officers involved.

The grand jury met over two days and found the shooting by Sgt. Garry Britt and Officer Jeffrey Livingston was justified.

The officers said Kimmons, 27, was running toward them with a gun when they fired 12 shots. Kimmons was hit nine times and pronounced dead a short time later at OHSU Hospital, police said. 

Prosecutors from the Multnomah County District Attorney’s Office met with Kimmons’ mother and other relatives Wednesday morning to show them video of the shooting. Police also met with community leaders they invited to North Precinct to play the videos and offer a private update on the shooting investigation.

“The verdict is not justifiable,” said Kimmons’ mother, Letha Winston, protesting outside the courthouse after the jury’s findings were announced. “I’m gonna fight for my baby. How could you shoot a man after he already laid down flat.”

According to police, Britt and Livingston had parked their police SUVs in a lot at the northeast corner of Southwest Fourth Avenue and Harvey Milk Street, with the overhead emergency lights on around 3 a.m.

They were in the lot to provide extra security for crowds pouring out of nearby bars and the Golden Dragon strip club. Police frequently show up in the lot to head off violence that has broken out before between gang members, officers said.

Britt and Livingston began walking toward a group of people and alerted dispatch they heard gunshots around 3:02 a.m. 

At the other end of the lot nearer to Southwest Third Avenue, there was a fight and a shooting.

Police said Kimmons fired five shots and wounded the two men who were fighting.

Police then saw Kimmons turn and run toward them holding a gun, according to investigators.

The video shows Kimmons running west in the parking lot toward the sergeant and officer, who are in a shooting stance, and then turning and ducking south between parked cars, as the officers continue to fire.

The sergeant and officer were armed with Glock 9mm handguns. Britt fired seven shots; Livingston fired five shots, the police investigation found. The police shooting occurred six minutes after the officers arrived at the lot.

Matthew Mena, 26, a witness interviewed by police hours later, said he heard two shots before seeing a man with a gun run directly toward police, apparently unaware of their presence. The man then turned to run in between parked cars.

Mena said the man had his back turned, but his hand holding a gun was raised above his waist behind him. “If I’m right behind him, I would’ve thought this guy’s gonna shoot back at me, too,” Mena told police.

Mena said police told the man to drop the gun, and possibly to stop, but opened fire less than a second after. 

Kimmons fell beside hedges and a parked car along the Southwest Harvey Milk Street side of the parking lot.

Officer Todd Harris, who arrived at the lot as the shooting occurred, told investigators Kimmons was still moving and at one point was on his hands and knees. Harris and other officers applied tourniquets and wound dressings to try and stanch his bleeding, then helped put him in an ambulance. 

Kimmons was taken by ambulance to OHSU Hospital, where he was pronounced dead at 4:10 a.m.

The account is detailed 402 pages of documents released by police.

An autopsy showed Kimmons was shot in the right lower leg, right buttocks, right lower mid-buttocks, left mid-buttocks, upper left buttocks, left thigh, left groin, left chest and right chest. The medical examiner’s office released the autopsy separately late Wednesday afternoon.

The other two men who were wounded, Dante Emanuel Hall, also known as Manny, and Marcell Branch, arrived in private cars at Legacy Emanuel Medical Center. Hall is a friend of Kimmons.

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