Michael Benson
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.”
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)Why we used 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.