A Multnomah County grand jury has found no criminal wrongdoing in the fatal shooting by Portland police of 51-year-old Koben Henriksen who was seen waving knives at passing cars near Mall 205 in early December.

The grand jury determined that Officer Justin Raphael, a seven-year bureau member, acted in self-defense or in the defense of others when he shot and killed Henriksen with an AR-15 rifle on Dec. 8, according to the District Attorney’s Office and police.

Officer Daniel Leonard, an 11-year bureau member, had fired less-lethal foam-tipped projectiles from a 40mm launcher.

Police tried to provide emergency medical care but Henriksen was pronounced dead at the scene.

Shortly after the shooting, Henriksen’s father, Rick Henriksen, criticized the mental health and court systems that he said left his son to suffer on the street with a severe and persistent mental illness. He described his son’s illness as somewhere between extreme bipolar disorder and schizophrenia and said Koben Henriksen had been living on the street for a couple of months and was off his medication.

Rick Henriksen said he received a call late Monday afternoon from the District Attorney’s Office informing him about the grand jury’s ruling.

"We were expecting that. I’m not surprised,'' the father said. While he said he can’t say whether the officers’ actions were criminal, he firmly believes their force was “excessive” and called it “absolutely nonsense'' that officers were acting in self-defense. He said the family has retained a lawyer to investigate further.

Koben Henriksen “never ever wanted to hurt anybody,” his father said. "He probably was so confused he didn’t really know what he was doing.''

The deadly shooting marked the third time in four months that police had encountered Koben Henriksen. In the two prior cases, one in August and another in November, police were able to safely resolve each without force and had Henriksen taken by ambulance to a hospital for mental health treatment.

On Dec. 8, two callers reported that Henriksen was wandering in traffic on Southeast 103rd Drive near Stark Street and waving knives at passing cars about 1:40 p.m.

Robert Vervloet, who was at a nearby Starbucks, and a father and son working at a food truck said they saw Henriksen move toward officers after they pulled up in their cars. Vervloet said he saw an officer with a rifle immediately point it at Henriksen. The dispatch recording and witnesses indicated officers fired seconds after arriving.

“There was no negotiation,” Vervloet said. “There was no 'Hey buddy, we need to talk about this.’”

Police and prosecutors haven’t released investigators’ reports on the shooting. Police spokesman Sgt. Kevin Allen said the bureau would make the reports public as soon as it can.

The grand jury transcripts are expected to be made public at a later date.

Henriksen’s father told The Oregonian/OregonLive that his son had contemplated suicide for about six months. Koben Henriksen had lived in a group home in Portland for many years but after he left that home, he couldn’t find an alternative placement that was acceptable to him, his father said.

At times, his son pleaded to go to the state hospital but he wasn’t deemed enough of a threat to warrant placement there, his father said. For many years, Rick Henriksen said he was unable to obtain direct information about his son’s mental health care because Koben Henriksen was an adult.

Police have described the two earlier encounters officers had with Henriksen that ended peacefully:

On Aug. 22, officers found Henriksen camped on the property of Portland Adventist Academy. Henriksen told the officer he was glad he was there because “he needed someone to kill him and he thought police officers were the best option,” according to the Police Bureau. Henriksen also told officers he had unsuccessfully tried to get several military veterans to buy him guns. The officer talked to Henriksen, requested an ambulance, and Henriksen was taken to Adventist Health Portland for treatment.

On Nov. 14, Henriksen approached an East Precinct officer getting into his patrol car near the 10200 block of Southeast Stark Street and yelled at him. According to police statements, the officer asked how he could help, and Henriksen, who had a large blanket draped around him, flung the blanket away and revealed that he had a knife in each hand. Henriksen threatened to kill the officer and took a step forward. The officer yelled at Henriksen to drop the knives and used the police car as cover. After some conversation with the officer, Henriksen dropped the knives. He was taken to Providence Medical Center and placed on a mental health hold, police said.

Former Police Chief Danielle Outlaw issued a statement after Henriksen’s death, condemning a broken mental health system.

“This series of cases highlights the systemic failures of the mental health system, which continues to recycle individuals rather than resolve the underlying issues,’’ she said. “Here are a number of accountability measures in effect for the officers involved, which will scrutinize their every action and decision. Where is the same level of accountability throughout the mental health system? Law enforcement professionals are put in an impossible position and we need the public to help prioritize effective and humane mental health treatment and demand urgent and immediate action."

-- Maxine Bernstein

Email at mbernstein@oregonian.com

Follow on Twitter @maxoregonian

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