Luis Niño-Moncada pleaded to depredation of federal property on Sept. 11, 2026, stemming from a January U.S. Border Patrol operation in Portland, Oregon, that resulted in a shooting and subsequent federal charges. According to federal court records and local reporting, Niño-Moncada is scheduled for sentencing next week, facing a recommended sentence of time served after spending nine months in custody.
Portland Medical Office Parking Lot Incident Details
The criminal case traces back to an operation on Jan. 8, when U.S. Border Patrol agents followed a pickup truck into the parking lot of the Portland Adventist Medical Office and blocked the vehicle in, according to federal court documents. Prosecutors state that the driver, Niño-Moncada, reversed the pickup truck into an empty government rental car while attempting to escape. A Border Patrol agent opened fire during the encounter, wounding both occupants of the truck. Driver Luis Niño-Moncada, 33, was struck in the upper left arm with a grazing chest wound, while front-seat passenger Yorlenys Betzabeth Zambrano-Contreras was shot in the chest, according to defense filings and local news coverage by The Oregonian/OregonLive.
Federal authorities identified both Niño-Moncada and Zambrano-Contreras as Venezuelan nationals who were in the United States unlawfully. Prosecutors asserted potential connections to a transnational criminal organization originating in Venezuela, though defense attorneys have challenged those allegations in court.
Evidence Tampering Allegations and Bodycam Footage
The investigation drew additional scrutiny after Portland Police Bureau officers arrived at the scene and confronted a federal agent. According to a memo filed in federal court by Assistant Federal Public Defenders Michael Benson and Peyton Lee, a Portland police officer’s body camera captured a Border Patrol agent picking up an unfired rifle round from the ground and attempting to remove it. The officer intervened, preventing the federal agent from tampering with physical evidence, and the agent placed the live round back on the ground, sources familiar with the incident told The Oregonian/OregonLive.
The Portland Police Bureau documented the encounter in a confidential report and referred the matter to the FBI, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, and U.S. Immigration and Customs Enforcement. The Oregon Department of Justice declined to comment on whether it investigated the alleged evidence tampering while inquiries remained ongoing, and the FBI declined to comment on the matter.
Furthermore, court filings from the FBI confirmed that investigators were unable to locate any body-worn camera footage or surveillance video capturing the actual shooting itself, leaving federal investigators reliant on agent statements and post-incident interviews.
Plea Agreement and Restitution Terms
Under the terms of a negotiated plea agreement filed in federal court, Niño-Moncada pleaded guilty to destruction of government property regarding the damage inflicted on the government rental car. He agreed to pay $24,413 in restitution for the total loss of the vehicle, according to court documents cited by The Oregonian/OregonLive. His sentencing hearing is set for the following Wednesday, where he faces nine months of time served and is expected to be deported to Venezuela.
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