Man shot by Border Patrol agents in Portland released

Luis Niño-Moncada was credited with time served after spending almost nine months in federal custody.PORTLAND, Ore. (CN) — Nine months after an altercation with federal border agents that ended in gunfire and federal criminal charges, a Venezuelan man has been sentenced to time served and released from custody, though he will be deported.“Despite my experience, I still love this country and the people in it,” a tearful Luis Niño-Moncada told the court in Spanish on Wednesday, translated by a court interpreter.On Jan. 8, U.S. Border Patrol agents approached Niño-Moncada’s truck as it was parked in the lot of a medical facility. The government said the agents were surveilling the passenger of Niño-Moncada’s truck, Yorlenys Betzabeth Zambrano-Contreras, whom they suspected of being involved in a recent shooting.As the agents descended upon the vehicle, demanding the occupants get out, Niño-Moncada attempted to reverse the truck, smashing into a Border Patrol vehicle parked behind and grazing one of the officers in the process.While trying to maneuver the truck free, Niño-Moncada lurched it toward an officer who jumped out of the way. That officer then fired twice at Niño-Moncada, hitting him in the arm and grazing his chest. Zambrano-Contreras was hit by a bullet in the chest.Reversing and moving forward, Niño-Moncada eventually tore the bumper off the Border Patrol vehicle that had been blocking the truck and fled the scene. He called 911 from a nearby apartment complex and both he and Zambrano-Contreras were treated at local hospitals before being taken into custody.The incident occurred just a day after a U.S. Immigration and Customs Enforcement agent fatally shot Renee Good in Minneapolis. The Border Patrol agents who approached Niño-Moncada were using unmarked cars, not in standard uniform and brandishing weapons. Niño-Moncada later told the FBI he thought the agents were gangsters.The federal government charged Niño-Moncada with aggravated assault on a federal employee and depredation of federal property. They dropped the assault charge on Tuesday.Michael Benson, a federal public defender, said it was a career first for him to visit a client in the hospital.“He had lots of concerns about what will happen to the people around him, not just himself,” Benson said. “It speaks to his character.”Niño-Moncada changed his plea to guilty in late July.“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,” said Niño-Moncada. “When the incident happened with the agents, I thought I was going to be killed. I was more frightened than I ever have been before.”He said he still wakes up at night in fear, remembering the traumatic altercation.“Obviously, from the perspective of law enforcement, it was frightening to them also, being at risk of being harmed seriously, killed even,” remarked U.S. District Judge Karin Immergut, a Donald Trump appointee. “Certainly this is a situation where both sides felt very frightened and were at risk.”The government and Niño-Moncada agreed to the sentence of time served. Niño-Moncada had been in jail for around eight and a half months at the time of the sentencing hearing.“The degree to which he was punished over the last eight months is more than what a person who was healthy would have experienced,” Benson said.Niño-Moncada must also pay $24,413 in restitution to cover damages to the Border Patrol rental car, which was declared a total loss.Zambrano-Contreras, was sentenced to one year of probation earlier this year. She had been charged in Texas for illegally entering the country from Mexico.Niño-Moncada fled Venezuela after being subjected to political violence for opposing Nicolás Maduro’s regime. He was abducted and tortured by waterboarding and hanging for attending protests, Niño-Moncada described in his sentencing memorandum.In 2022, Niño-Moncada crossed the border on foot in Texas, where immigration authorities quickly detained him and then released him into the United States with a temporary status that allowed him to work. He was scheduled for an immigration hearing in late 2024, but rumors of ICE agent stakeouts at immigration court led Niño-Moncada to skip the hearing, resulting in an order for his removal from the country.As part of his plea deal, Niño-Moncada cannot file a habeas petition for release from immigration custody.“Good luck to you, Mr. Niño-Moncada,” Immergut said at the end of the hearing.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads