Portland Councilor Loretta Smith on the Border Patrol shooting in East Portland
Loretta SmithPortland City Councilor for District 1
Portland City Councilor Loretta Smith said she lives in the district where the shooting happened. She said the struggle is real for immigrants and refugees in the community, that what happened was unconscionable and another example of the federal administration's overreach, and that it cannot continue.
“I live in that district. The struggle is real for immigrants and refugees who live in our communities — what happened today is so unconscionable and another example of the federal administration's overreach. This cannot continue”
Official statement
Reporting
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
City of Portland news article on the January 8, 2026 press conference by local leaders, with statements from officials.
Archived copy (opens in a new tab)Reporting
About this source
KATU report that collects statements from Oregon officials on the day of the shooting.
Archived copy (opens in a new tab)Before the quotation
Smith spoke at a press conference on the evening of January 8, 2026 (Pacific time) with Mayor Keith Wilson and other local leaders about the shooting of two people by federal agents in a hospital parking lot in Portland's Hazelwood neighborhood.
After the quotation
At the same press conference, local leaders demanded that federal officials halt immigration enforcement activities until a thorough investigation is complete. Police Chief Bob Day said the FBI was leading the effort and that many details remained unclear.
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. Smith said what happened that day was unconscionable and another example of federal overreach, and that it cannot continue. She rejected the federal action and did not defend it, so we used the label Condemned.
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More from this case
Read the full caseU.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 Oregon
“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.”Read statement
Federal prosecutors say the agent's decision to shoot was reasonable
U.S. Attorney's Office for the District of Oregon
“supports that the shooting officer’s reaction in shooting after the Tacoma nearly ran him over was reasonable in the face of such danger occurring within those brief seconds.”Read statement
Federal defender says the agent likely fired to stop the truck from fleeing, not in self-defense
“was not in position to be hit by the truck; he likely fired to prevent the truck from fleeing rather than in self-defense.”Read statement
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The Dispute Index. "Portland Councilor Loretta Smith on the Border Patrol shooting in East Portland". First published: 2026-09-30. Last updated: 2026-09-30. https://disputeindex.com/events/3442-portland-city-councilor-loretta-smith-said-she-lives