U.S. Attorney's Office for Oregon says an officer fired only after the truck hit a government car twice
U.S. Attorney's Office for the District of OregonFederal prosecutors' office for the District of Oregon, announcing a sentencing (U.S. Attorney Scott E. Bradford made the announcement)
The U.S. Attorney's Office for the District of Oregon said in its sentencing release that a government officer fired two shots at Luis Niño-Moncada only after his truck struck a government car twice, within a few feet of the officers' positions, with one officer in the path of the truck.
“As part of his plea agreement, Nino-Moncada admitted that his conduct placed others at risk of serious bodily injury and that he was conscious of or recklessly disregarded that risk. It was only after defendant struck the government car twice, within just a few feet of the officers’ positions, and with one officer in the path of the truck, that a government officer fired two shots at defendant.”
Official statement
Where this statement fits
Was a Border Patrol agent justified in shooting Luis David Niño-Moncada and Yorlenys Zambrano-Contreras in Portland?
On January 8, 2026, at about 2:15 p.m., a U.S. Customs and Border Protection agent shot and wounded Luis David Niño-Moncada and Yorlenys Zambrano-Contreras, both Venezuelan nationals, in the parking lot of an Adventist Health clinic in Portland, Oregon's Hazelwood neighborhood, during a vehicle stop conducted by a team of Border Patrol agents. DHS spokesperson Tricia McLaughlin said the agent fired in self-defense after the driver, Niño-Moncada, 'weaponized his vehicle and attempted to run over the law enforcement agents'; agents said he repeatedly reversed and drove his truck into an unoccupied rental vehicle used by the agents. Initial reporting described the pair as unarmed. DHS also alleged the two had ties to the Tren de Aragua gang and, in Zambrano-Contreras's case, a prostitution ring; Portland Police Chief Bob Day said the gang information did not draw a 'throughline' to the shooting itself. The FBI opened an investigation and initially reported finding no video of the shooting; Oregon's Department of Justice separately opened an investigation. The shooting prompted protests in Portland, including at least six arrests. Niño-Moncada was charged with aggravated assault of a federal officer and damaging federal property; Zambrano-Contreras was charged with improper entry by an alien and pleaded guilty within days, receiving probation. In February 2026, a nearby treatment center released surveillance video that offered a partial view of the incident. In July 2026, federal prosecutors disclaimed the gang-membership allegation and dropped the assault charge, and Niño-Moncada pleaded guilty to the lesser property-damage charge; he was sentenced in September 2026 to time served and ordered deported. Court filings unsealed in September 2026 also disclosed that a Portland police officer's body camera captured a Border Patrol agent attempting to remove an unfired bullet from the scene before being stopped.
Source and context
Official statement
About this source
Press release from the U.S. Attorney's Office for the District of Oregon dated September 16, 2026, announcing the sentencing of Luis Niño-Moncada. It gives the office's account of the January 8, 2026 stop and of the plea agreement.
Archived copy (opens in a new tab)Before the quotation
According to the release, Border Patrol agents surrounded Niño-Moncada's truck in the parking lot of Adventist Health Portland on January 8, 2026 to arrest him and his passenger, and he drove the truck backward into a government car and then forward into the path of an officer before fleeing. He was sentenced on September 16, 2026 to time served (about nine months), one year of supervised release and $24,413 in restitution, and is to be deported.
After the quotation
The release says Niño-Moncada pleaded guilty on July 28, 2026 to the felony of depredation of federal property, and that the government car was declared a total loss.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The case asks whether the Border Patrol agent was justified in shooting the two people. The office's release says Niño-Moncada admitted in his plea that his conduct put others at risk of serious bodily injury. It also says a government officer fired only after his truck struck the government car twice, within a few feet of the officers' positions, with one officer in the path of the truck. That presents the shooting as a response to the driver's conduct near officers, so we labeled it Defended or excused.
- Recorded on
- Published here
- People and groups discussed
- U.S. Customs and Border Protection, Luis David Niño-Moncada
More from this case
Read the full caseRep. Alek Skarlatos on officials' reaction to the Border Patrol shooting in Portland
“These are elected leaders statewide. These aren't just random people that are giving these press conferences They are raising the temperature at the worst possible time after what happened in Minneapolis. It should be more of a reason for them to take pause and let the facts come out instead of just jumping on the bandwagon of throwing law enforcement under the bus.”Read statement
Rep. Lucetta Elmer on officials' reaction to the Border Patrol shooting in Portland
“What Oregonians saw over the last 72 hours was not restraint. They saw immediate conclusions, inflammatory rhetoric and public statements made before all the facts were known”Read statement
Bob Day says gang ties do not validate the Portland shooting
“Nothing that I’ve said today should be warranted in any way to affirm whatever happened yesterday.”Read statement
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- U.S. Attorney's Office for Oregon says an officer fired only after the truck hit a government car twice
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The Dispute Index. "U.S. Attorney's Office for Oregon says an officer fired only after the truck hit a government car twice". First published: 2026-09-26. Last updated: 2026-09-26. https://disputeindex.com/events/2855-the-u-s-attorney-s-office-for-the