The ruling came as the police department released video footage from the parking lot where the shooting occurred.
Officers Garry Britt and Jerry Livingston said they pulled up to a shootout in downtown Portland and saw muzzle flashes.
When Kimmons turned toward them holding a gun, they shot him, according to The Oregonian. They said he ignored commands to drop the weapon.
Officers recovered a gun near Kimmons and four other guns were found in and around cars searched in the parking lot along Harvey Milk Street, previously known as Stark Street.
Two men were shot in the lot prior to the police arriving, including his friend Emanuel Dante Hall. According to investigative files released by the police after the grand jury’s ruling, the two men had been fighting and Kimmons shot them both.
Police and court records showed Kimmons, 27, had ties to the Rolling 60s Crip gang. He had prior convictions for witness tampering in 2010 and for delivery of cocaine and possession of a firearm in 2011.
A judge ordered him to have no contact with gangs after those convictions. According to his Facebook page, he was working as a baker for Dave’s Killer Bread at the time of his death, but a company spokeswoman said that they had no record of him working there.
On his Facebook, Kimmons wrote several months before the shooting, “Trying to work on myself as a man and also trying to raise my kids the proper way. No one ever said being a parent was gonna be easy but i dedicate my time to my children because i want to teach them that they can be anything they want to in life Besides being a Stripper-Hoe, Selling Drugs, Gangbanging etc.”
The Portland Police Bureau is conducting an internal review of the shooting separate from the grand jury investigation.
The shooting prompted protests around the city, including one that led to a driver trying to drive legally on a city street being assaulted by protesters, which included the groups Antifa and Black Lives Matter. That protest did not have any permits.
On Oct. 31, another protest cropped up without permits and a driver hit one of the protesters as they blocked a downtown street.
Mark Dickerson, the driver, was arrested on suspicion of fourth-degree assault, reckless endangerment, and reckless driving. He told the Associated Press that the person he hit jumped in front of his truck.
“The guy jumped right in front of me, smiling,” Dickerson said, adding that he had business at the courthouse and didn’t know who the man was.