Man shot by Border Patrol in Oregon now facing federal charges

PORTLAND, Ore. (KPTV/Gray News) - The Department of Justice announced criminal charges against the man who was shot by Border Patrol in Portland, Oregon last week.

The DOJ said Monday that Luis Nino-Moncada was charged with aggravated assault of a federal officer with a deadly or dangerous weapon and depredation of federal property in excess of $1,000.

The Border Patrol-involved shooting happened after 2 p.m. on Jan. 8.

According to a probable cause affidavit filed in federal court, agents were targeting Yorlenys Zambrano-Contreras at the time. Documents state she was arrested by Border Patrol three years ago in Texas and never checked back in with immigration authorities.

The documents said six Border Patrol agents in four unmarked vehicles conducted a targeted stop in the parking lot of Adventist Health Primary Care on a red Toyota Tacoma known to be associated with Zambrano-Contreras.

Nino-Moncada was identified as the driver of the car and Zambrano-Contreras was identified as the passenger.

Court documents state that when agents identified themselves as law enforcement and asked the two to exit the truck, Nino-Moncada placed his vehicle in reverse and hit the unoccupied Border Patrol car. He then continued forward and reverse multiple times.

According to court documents, a Border Patrol agent told the FBI they feared Nino-Moncada could strike agents with his car.

Another Border Patrol agent then fired their service weapon.

Nino-Moncada fled the scene. About six minutes after the initial shooting report, a man and a woman later identified as Nino-Moncada and Zambrano-Contreras were found with apparent gunshot wounds in the area of Northeast 146th Avenue and East Burnside.

According to the DOJ, in an interview following Thursday’s incident, Nino-Moncada admitted to intentionally ramming the Border Patrol vehicle to try to flee. He also reportedly stated that he knew it was an immigration enforcement vehicle.

Court documents said there was no body-worn camera footage from the six Border Patrol agents who were involved. Also, surveillance cameras in the parking lot did not capture footage of the incident.

Zambrano-Contreras was being held in Immigration and Customs Enforcement custody in Tacoma, Washington.

The Department of Homeland Security said Nino-Moncada and Zambrano-Contreras are suspected to be Tren de Aragua gang associates.