Portland Man Shot by Federal Agents Ordered to Stay in Custody After Judge Cites Danger and Flight Risk

PORTLAND, Ore. — A federal judge ordered Luis Niño-Moncada to remain in custody while awaiting trial on Wednesday, ruling that he poses a danger to the community and a risk of failing to appear in court.

Niño-Moncada was shot by federal agents during an incident on January 8 as he rammed his truck into the empty federal rental car before fleeing to a nearby parking lot.

Man Shot During Car-ramming Incident With Federal Agents In Portland Ordered To Remain In Custody

According to prosecutors, Niño-Moncada, who entered the US in 2022 from Venezuela, used his red Toyota Tacoma to repeatedly ram an unoccupied federal rental car after agents ordered him to exit the vehicle.

A Border Patrol agent later smashed the driver’s window and shot Niño-Moncada in the arm and his passenger, Yorlenys Betzabeth Zambrano-Contreras, in the chest. Despite being wounded, Niño-Moncada drove several miles to an apartment complex and called 911.

Niño-Moncada pleaded not guilty to charges of aggravated assault on a federal officer with a deadly weapon and damaging government property.

Prosecutors argued he “fought his way out” of the stop using his truck as a weapon and claimed one agent was struck in the chest. The judge said repeatedly using a vehicle in such a manner was deeply concerning.

Defense attorneys countered that Niño-Moncada panicked when masked officers boxed in his truck and attempted to break his window, arguing he was trying to flee, not assault officers.

They noted discrepancies between prosecutors’ courtroom statements and earlier federal affidavits. They emphasized the lack of body-camera or security video evidence.

Niño-Moncada’s lawyers also argued that he has no prior convictions, was fearful due to past abuse by police in Venezuela, and later cooperated with authorities.

Prosecutors highlighted his traffic record and an outstanding immigration removal order, stating he entered the US illegally in 2022 and failed to appear at a deportation hearing in 2024.

US Magistrate Judge Jeffrey Armistead cited what he described as Niño-Moncada’s “extremely violent” conduct during a confrontation with Border Patrol agents. Despite the defense’s request that he be released to live in a house with other Spanish speakers to tend his wound, Niño-Moncada was ordered to remain in custody.

Zambrano-Contreras, the alleged target of the Border Patrol stop, remains in ICE custody and is expected to serve as a witness. She is not accused of assault and is scheduled to change her plea on an immigration charge.