Federal prosecutors say the agent's decision to shoot was reasonable
U.S. Attorney's Office for the District of OregonFederal prosecutors' office for the District of Oregon, in a sentencing filing
In their September 11 sentencing filing, federal prosecutors in Oregon argued that the defense's own forensic report supports the conclusion that the agent's decision to shoot, after the truck nearly ran him over, was a reasonable reaction to the danger in those few seconds.
“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.”
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
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 filing responded to a defense forensic report concluding that the shooter was not in a position to be run into or over when he fired. Prosecutors said the truck had violently reversed, lurched forward and reversed again within seconds, and that it made contact with an agent's chest as it reversed.
After the quotation
Prosecutors also said the report failed to make explicit that the events took place within three to five seconds. Both sides recommended the agreed sentence of time served.
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. Prosecutors argue that the shooting was a reasonable reaction to an imminent danger, which defends the use of force, so we used Defended or excused. Challenged the characterization is close, but the filing goes beyond disputing the defense's account and affirmatively calls the shooting reasonable. Evidence: a reputable report quoting the court filing; we did not obtain the filing itself. The office's September 16 statement after sentencing is a separate statement.
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- 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 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
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
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- The Dispute Index
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- Federal prosecutors say the agent's decision to shoot was reasonable
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- https://disputeindex.com/events/4792-in-their-september-11-sentencing-filing-federal-prosecutors
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The Dispute Index. "Federal prosecutors say the agent's decision to shoot was reasonable". First published: 2026-10-06. Last updated: 2026-10-06. https://disputeindex.com/events/4792-in-their-september-11-sentencing-filing-federal-prosecutors