Man shot by Border Patrol in Portland, Oregon, is charged with aggravated assault on federal officer for alleged car attack
KPTV, DEPARTMENT OF HOMELAND SECURITY, CNN
By Taylor Romine, Lauren Mascarenhas, CNN
(CNN) — A Border Patrol agent shot two people in Portland, Oregon, during a traffic stop after authorities said they were associated with a Venezuelan gang, another incident in a string of confrontations with federal authorities that have left Americans frustrated with immigration enforcement during the Trump administration.
The agent shot the man and woman Thursday in their car in what the Department of Homeland Security said was self-defense after the driver tried to weaponize the vehicle.
Luis David Nino-Moncada has been charged with aggravated assault of a federal officer with a deadly or dangerous weapon, the Department of Justice said Monday, alleging he put Border Patrol agents in harm’s way.
During the traffic stop, prosecutors say, Nino-Moncada repeatedly reversed and accelerated his car, striking the empty Border Patrol vehicle behind him “multiple times.”
Nino-Moncada, who is also charged with depredation of federal property in excess of $1,000, appeared in federal court Monday afternoon for an inital appearance. A judge ordered him to remain in detention and scheduled a preliminary hearing and detention hearing for Wednesday, the US Attorney’s Office for the District of Oregon said in a statement.
The Federal Public Defender for the District of Oregon, which represents Nino-Moncada, declined to comment on his case.
The incident happened one day after 37-year-old Renee Nicole Good was fatally shot by an Immigration and Customs Enforcement agent in Minneapolis, which has spurred protests across the nation as concerns of agents using increasingly risky or violent tactics intensify.
The FBI is leading the investigation into Thursday’s shooting, calling it “an assault on … federal officers” in a statement. Oregon’s attorney general has also opened an investigation into the shooting. It’s not clear, in the wake of the discord between Minneapolis and federal officials, whether federal authorities will allow Portland officials to participate.
As Portland faces another round of scrutiny from the Trump administration, here is what we know about Thursday’s shooting and the ensuing investigation:
What authorities said happened
At 2:19 p.m. local time, Border Patrol agents conducted a targeted vehicle stop with two Venezuelan migrants connected to the Tren de Aragua gang, DHS Assistant Secretary Tricia McLaughlin said Thursday.
When the agents identified themselves to the car’s occupants, “the driver weaponized his vehicle and attempted to run over the law enforcement agents,” McLaughlin said. One agent, “fearing for his life and safety,” fired a defensive shot, and the driver drove off with the passenger, she said.
The affidavit released Monday said Nino-Moncada was stopped in a red truck in the parking lot of a health care facility. The agents said they got out of their unmarked vehicles and identified themselves as law enforcement in Spanish when they approached the truck, the affidavit says.
Several agents gave commands for Nino-Moncada and the other occupant to get out of the car, when he “placed the target vehicle in reverse, and reversed, colliding with an unoccupied Border Patrol vehicle with enough speed and force to cause significant damage,” the affidavit said. He then “put the target vehicle in drive moving forward and continued the forward/reverse maneuver multiple times,” continuously striking the Border Patrol vehicle, the affidavit continues.
Another agent, who was near the front of the car, came around to the driver’s side and fired two rounds through the driver’s side window, according to an agent’s statement in the affidavit.
The man in the car was shot in the arm, and the woman was shot in the chest, DHS said Friday.
One agent noted Nino-Moncada “raised his hands after shots were fired but then drove away,” according to the affidavit.
Several of the agents who were close to the car during the ramming said they were fearful for their safety as Nino-Moncada moved the car back and forth, the affidavit says. The affidavit doesn’t include an interview from the agent who shot at the car.
Border Patrol agents did not follow the target vehicle.
Nino-Moncada called 911 shortly after fleeing to request medical help and he and the woman were taken to area hospitals, according to the affidavit. After receiving medical attention, Nino-Moncada “admitted to intentionally ramming the Border Patrol vehicle in an attempt to flee,” prosecutors say.
There is no body-camera footage from the six Border Patrol agents involved and investigators have been unsuccessful at procuring any surveillance footage from nearby businesses, prosecutors say.
One agent could not remember whether he was wearing a vest with police markings, the affidavit notes. The agents’ team leader was not involved in the incident or on site when it happened, according to the document.
No agents were injured in the shooting, DHS said in a statement Friday.
Portland Police Chief Bob Day said Thursday night he didn’t “know the facts of this case” as the FBI was conducting the investigation, but his department was offering whatever resources federal authorities needed.
Who are the people who were shot?
DHS identified the driver and passenger Friday as Nino-Moncada and Yorlenys Betzabeth Zambrano-Contreras, two Venezuelan migrants who authorities say entered the country illegally in the past several years.
Nino-Moncada “is a criminal illegal alien from Venezuela and suspected Tren de Aragua gang member,” DHS posted Friday on X.
“The passenger, Yorlenys Betzabeth Zambrano-Contreras, is a criminal illegal alien from Venezuela and is associated with Tren de Aragua,” DHS said. “Since illegally entering, Contreras played an active role in a Tren de Aragua prostitution ring and was involved with a prior shooting in Portland.”
Tren de Aragua is a notorious Venezuelan gang President Donald Trump has targeted amid accusations of drug trafficking, murder and other violence. Details about why federal authorities believe the two are linked to Tren de Aragua were not immediately released.
“Law enforcement continues to investigate the links between these subjects and TdA,” prosecutors said in Monday’s court filing.
Nino-Moncada illegally entered the US in 2022, and Zambrano-Contreras illegally entered the US in 2023, DHS said in a post on X, adding they were “RELEASED into the country by the Biden administration.”
The agency did not give further details about either of their prior encounters with immigration authorities.
In the first hours after the incident, a DHS law enforcement official cited to CNN an incident report indicating the two suspects were married and were members of the violent Tren de Aragua gang. On Friday, McLaughlin told CNN the man and woman are not married.
While DHS didn’t share additional information on the shooting they said Zambrano-Contreras was involved in, Day gave more insight on the situation during a news conference Friday.
There was a shooting in Portland last July, where a victim – a Venezuelan immigrant – said the suspects are associated with Tren de Aragua, Day said. The man and woman who were shot Thursday were identified as being associated with the gang, but they are not currently suspects in the July shooting, Day said.
The man and woman also appear to be involved in criminal cases in Washington County, Oregon, he said.
Oregon launches own investigation into shooting
The Bureau of Alcohol, Tobacco, Firearms and Explosives is assisting the FBI in its investigation, the agency said. The FBI declined further comment when asked for additional details on its investigation.
Oregon Attorney General Dan Rayfield announced his office was launching its own investigation on Thursday night, saying it will “look into whether any federal officer acted outside the scope of their lawful authority.”
“We have been clear about our concerns with excessive use of force by federal agents in Portland and nationally,” Rayfield said in a statement. “We have also been clear about our intent to investigate circumstances involving federal agents to ensure they are accountable to acting within the scope of their official duties.”
The investigation will include witness interviews, video evidence and other materials, and may be referred to the Multnomah County District Attorney for potential prosecution.
It isn’t clear if federal authorities are cooperating with the state’s investigation.
Politicians call for ICE to leave Portland
The shooting has brought backlash from elected officials and the public alike.
Portland Mayor Keith Wilson called on ICE to halt all operations in the city, saying while he knows what the federal government said happened, it was “long past” taking them at their word.
“Portland is not a training ground for militarized agents,” Wilson said at a news conference. “When the administration talks about using full force, we are seeing what it means on our streets.”
“The attorney general and other leaders have been clear about our concerns with the excessive use of force by federal agents in Portland, and today’s incident only heightens the need for transparency and accountability,” Oregon Gov. Tina Kotek said while calling for a “full, completed” investigation. “Oregonians deserve clear answers.”
Even Oregon Sen. Kayse Jama had a strong message by telling ICE to “get the hell out of our community,” mirroring the anger the Minneapolis mayor has expressed this week.
The Board of Commissioners for Multnomah County, which includes part of Portland, had extended an emergency declaration Thursday in response to ICE’s continued presence before the shooting even happened, County Chair Jessica Vega Pederson said. The declaration was originally issued in December “in response to ongoing impacts from federal immigration enforcement,” Vega Pederson said at the time.
Protesters were out Thursday night at a local ICE facility, where six people were arrested, the Portland Police Bureau said in a release. A couple of officers were slightly injured, Day said.
There was an increase in “energy and intensity” in the protests, Day said, but he was hopeful protesters would remain peaceful throughout the weekend.
“We will continue to be challenged with all of the various influences that are coming upon us, but I’m asking and encouraging Portlanders to not lose the credibility that we have built up, not only locally but nationally,” he said.
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CNN’s Lex Harvey, Holly Yan, Amanda Musa, Josh Campbell, Priscilla Alvarez, John Miller and Lizzie Jury contributed to this report.
