Michael Benson is an Assistant Federal Public Defender in the District of Oregon, where the Federal Public Defender's office represents people charged with federal crimes who cannot afford private counsel.
Case
A Border Patrol agent shot and wounded two unarmed Venezuelan nationals in a Portland hospital parking lot on January 8, 2026. DHS says the driver weaponized his truck; charges against both were later reduced, and a bullet-removal incident drew scrutiny.
Role at the time: Assistant Federal Public Defender representing Luis Niño-Moncada
Statement summary
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.”
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.
Statement dates: September 11, 2026
Statement dates: September 11, 2026
