Luis Niño-Moncada: Border Patrol Portland Release After Shooting, Guilty Plea

• Luis Niño-Moncada was released from federal custody on September 16, credited with time served after approximately nine months of detention.
• He was sentenced for depredation of federal property following a January 8 altercation in Portland where US Border Patrol agents shot him.
• Niño-Moncada, who believed the agents were gangsters due to their unmarked cars and lack of uniform, will be deported despite expressing love for the U.S.
• The initial charge of aggravated assault on a federal employee was dropped, and he must pay $24,413 in restitution for a damaged Border Patrol vehicle.
• Both Niño-Moncada and the federal agents experienced significant fear during the incident, as acknowledged by U.S. District Judge Karin Immergut.

Certainly this is a situation where both sides felt very frightened and were at risk.

Luis Niño-Moncada was recently released from federal custody after an altercation with U.S. Border Patrol agents in Portland, Oregon, that resulted in him being shot. The incident, which occurred on January 8, began when federal agents approached Niño-Moncada’s truck while it was parked at a medical facility. The agents, who were not in standard uniform and used unmarked vehicles, were reportedly surveilling Yorlenys Betzabeth Zambrano-Contreras, a passenger in Niño-Moncada’s truck, due to suspicions of her involvement in a recent shooting.

As the agents converged on the vehicle, demanding its occupants exit, Niño-Moncada attempted to maneuver away. In doing so, he reversed into a Border Patrol vehicle positioned behind him, and an officer was grazed. He then lurched the truck forward toward another agent, who narrowly avoided being struck. This agent subsequently fired two shots, hitting Niño-Moncada in the arm and grazing his chest. Zambrano-Contreras also sustained a chest wound from a bullet.

Niño-Moncada ultimately managed to free his truck, tearing off the bumper of the federal vehicle that had been blocking him, and fled the scene. He later contacted emergency services from a nearby apartment complex. Both he and Zambrano-Contreras received medical treatment at local hospitals before being taken into federal custody. This confrontation unfolded just one day after a U.S. Immigration and Customs Enforcement agent fatally shot Renee Good in Minneapolis, adding to a tense national backdrop concerning federal law enforcement actions.

Following the January 8 incident, federal authorities charged Luis Niño-Moncada with aggravated assault on a federal employee and depredation of federal property. However, the aggravated assault charge was dropped on Tuesday, prior to his sentencing. In late July, Niño-Moncada changed his plea to guilty for the depredation of federal property charge, acknowledging his role in damaging the Border Patrol vehicle.

On Wednesday, September 16, a federal judge in the USDC Oregon Border Patrol case sentenced Niño-Moncada to time served, crediting him for the approximately nine months he had spent in federal custody since his arrest. Federal public defender Michael Benson noted that the severity of the time already served by Niño-Moncada exceeded what a healthy individual might typically experience. In addition to the time served, Niño-Moncada was ordered to pay $24,413 in restitution to cover the damages to the Border Patrol rental car, which was declared a total loss. Despite his release from custody, Niño-Moncada is slated for deportation.

Separately, Yorlenys Betzabeth Zambrano-Contreras, the passenger in Niño-Moncada’s truck during the incident, received a sentence of one year of probation earlier in the year. She had also faced charges in Texas related to illegal entry.

The January 8 US Border Patrol shooting in Portland highlighted a stark contrast in perceptions between the defendant and the federal agents. Niño-Moncada later informed the FBI that he initially believed the approaching agents, who were not in uniform and brandished weapons from unmarked cars, were gangsters. He conveyed to the court, through an interpreter, his profound fear during the altercation, stating he thought he would be killed and that he had never been more frightened in his life. He also shared that he continues to experience fear-induced awakenings at night, recalling the traumatic event.

Despite his ordeal, Luis Niño-Moncada expressed a continued affection for the United States, telling the court, “Despite my experience, I still love this country and the people in it.” He further added, “I love the United States of America. The people in the United States are honest and Americans have been respectful while I’ve been here.” U.S. District Judge Karin Immergut, a Donald Trump appointee, acknowledged the intense fear experienced by both sides, remarking, “Obviously, from the perspective of law enforcement, it was frightening to them also, being at risk of being harmed seriously, killed even.” She concluded, “Certainly this is a situation where both sides felt very frightened and were at risk.”

Federal public defender Michael Benson, who visited Niño-Moncada in the hospital—a career first for him—spoke to his client's character. Benson noted that Niño-Moncada expressed significant concern for others, not just himself, which he believed spoke volumes about his client's nature.

The resolution of the Luis Niño-Moncada Border Patrol Portland release case, particularly the 'time served' sentence and the dropping of the aggravated assault charge, underscores the intricate dynamics often present in federal criminal defense. The court's decision to credit Niño-Moncada for the approximately nine months he spent in custody, coupled with the dismissal of the more severe assault charge, reflects a nuanced consideration of the circumstances surrounding the incident.

This outcome in the USDC Oregon Border Patrol case suggests that the court weighed the defendant's perception of threat from law enforcement, especially given the agents' appearance and actions, against the government's allegations. The agreement between the government and Niño-Moncada on the 'time served' sentence for the depredation federal property charge, alongside the judge's recognition of mutual fear, highlights the complexities when federal agents' use of force and disputed identities are central to a case. The successful negotiation by federal public defender Michael Benson to secure this outcome could offer valuable insights for future cases involving similar circumstances.

This case highlights the complexities of federal criminal defense, particularly when allegations involve federal agents' use of force and disputed identities. Criminal defense attorneys should note the successful negotiation of a 'time served' sentence and the dropping of an assault charge, which could serve as a precedent or inform strategy in cases involving similar circumstances where a defendant's perception of threat from law enforcement is a factor.

Source: Original reporting via Courthouse News Service