Federal defender says the agent likely fired to stop the truck from fleeing, not in self-defense
Michael BensonAssistant Federal Public Defender representing Luis Niño-Moncada
In a sentencing memo for Niño-Moncada, Assistant Federal Public Defender Michael Benson and his co-counsel argued that the physical evidence and video were most consistent with the Border Patrol agent not being in a position to be hit by the truck when he fired, and that he likely fired to keep the truck from fleeing rather than 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.”
Reporting
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
Reporting
About this source
Reports Niño-Moncada's September 16, 2026 sentencing to time served (about nine months) plus restitution, following his guilty plea to depredation of federal property and the dismissal of the aggravated-assault charge; he faces deportation to Venezuela.
Archived copy (opens in a new tab)Reporting
About this source
Willamette Week report on the dueling sentencing filings of September 11, 2026, including a defense forensic report and the federal government's response.
Archived copy (opens in a new tab)Before the quotation
The memo was filed on September 11, 2026, ahead of Niño-Moncada's sentencing on his guilty plea to depredation of federal property. It relied in part on a forensic engineering report commissioned by the defense.
After the quotation
The memo said Niño-Moncada had no justification for backing his truck into the empty rental car and that he accepted responsibility for that conduct. It said the order of events would have been closely contested at trial.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Reference point: whether the agent was justified in shooting the two. Benson disputes DHS's description of the shots as self-defense, arguing the agent was out of the truck's path and fired to stop it from leaving, so we used Challenged the characterization. We did not use Condemned because the filing presents this as the defense's reading of contested evidence and does not go on to call the shooting unlawful. We did not use Denied because the same filing admits the truck repeatedly struck the agents' rental car. Evidence: reputable reports quoting the court filing; we did not obtain the filing itself.
- Recorded on
- Published here
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
Rep. 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
Cite this record
- Publisher
- The Dispute Index
- Title
- Federal defender says the agent likely fired to stop the truck from fleeing, not in self-defense
- First published
- Last updated
- Permalink
- https://disputeindex.com/events/4790-in-a-sentencing-memo-for-ni%C3%B1o-moncada-assistant
Last updated marks the most recent saved version of this published statement.
The Dispute Index. "Federal defender says the agent likely fired to stop the truck from fleeing, not in self-defense". First published: 2026-10-06. Last updated: 2026-10-06. https://disputeindex.com/events/4790-in-a-sentencing-memo-for-ni%C3%B1o-moncada-assistant