Defense attorney disputes police narrative in Portland Border Patrol shooting

By Conrad Wilson (OPB), Dirk VanderHart (OPB), Holly Bartholomew (OPB, Report for America) and Alex Zielinski (OPB)
Jan. 10, 2026 2:30 a.m. Updated: Jan. 10, 2026 3:56 a.m.

The Department of Homeland Security identified the individuals shot as Venezuelan gang members. The federal defender first told OPB that the allegations are “a well-worn playbook.”

Investigators enter the apartment complex where police found the two injured people involved in the shooting at Northeast 146th Avenue and East Burnside on Thursday, Jan. 8, 2026 in Portland, Ore. According to police, following the shooting on Main Street, officials found the two injured people at an apartment complex several blocks away.

Investigators enter the apartment complex where police found the two injured people involved in the shooting at Northeast 146th Avenue and East Burnside on Thursday, Jan. 8, 2026 in Portland, Ore. According to police, following the shooting on Main Street, officials found the two injured people at an apartment complex several blocks away.

Saskia Hatvany / OPB

Two people shot by federal law enforcement in Portland have “an association” with a Venezuelan criminal gang, Portland police said in a news conference on Friday. But they did not provide any new details about the events leading up to Thursday’s shooting by U.S. Border Patrol in East Portland.

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Police Chief Bob Day said the people shot, Luis David Nino-Moncada and Yorlenys Betzabeth Zambrano-Contreras, came up in connection with a shooting last summer linked to the gang Tren de Aragua.

“Through the investigation of the shooting on July 11, there became a nexus to them,” Day said. “Whether they were involved, I do not know. As far as I am aware, they haven’t been named as, you know, suspects.”

Day also said that Washington County law enforcement arrested Zambrano-Contreras for prostitution, and that Nino-Moncada was present when police served a search warrant in that case.

The Washington County District Attorney’s Office confirmed Zambrano-Contrera’s involvement in a human trafficking case, which is still pending.

“The DA’s office received a case referral from local law enforcement in the summer of 2025 involving human trafficking and firearm offenses,” Stephen Mayer, a district attorney’s office spokesperson, said. “Because the case involved multiple jurisdictions and potential federal law violations, it was referred to the FBI and the US Attorney’s Office.”

Records from Washington County show a DUI charge against Nino-Moncada in November 2025.

Late Friday, the U.S. Department of Homeland Security issued a press release with the correct spelling of Nino-Moncada’s name.

Portland Police Bureau’s public information officer Kevin Allen gives the press a briefing at the scene of a U.S. Border Patrol shooting of two people near the 10000 block of Southeast Main Street in Portland, Ore., on Jan. 8, 2026.

Portland Police Bureau’s public information officer Kevin Allen gives the press a briefing at the scene of a U.S. Border Patrol shooting of two people near the 10000 block of Southeast Main Street in Portland, Ore., on Jan. 8, 2026.

Eli Imadali / OPB

Oregon Federal Public Defender Fidel Cassino Du-Cloux confirmed he visited Nino-Moncada in the hospital and said his office is representing him.

“The shooting of Mr. Moncada by federal officers and the subsequent accusations leveled against the victim of that shooting follow a well-worn playbook that the government has developed to justify the dangerous and unprofessional conduct of its agents,” Cassino Du-Cloux said in a statement provided to OPB, in response to Day’s comments Friday. “The federal government has claimed without evidence that he is a member of Tren de Aragua, just as they have many other Venezuelan citizens.”

As of Friday afternoon, no federal charges had been filed against Nino-Moncada or Zambrano-Contreras.

“We hope to focus on his recovery from his serious injuries,” the statement said. “We urge everyone to focus on these facts rather than speculation about allegations that serve to distract attention from the recent pattern of unjustified shootings.”

Zambrano-Contreras is being represented by another attorney, the federal public defender said.

Ongoing investigation

The new details offer some additional perspective on a shooting that has roiled Portland, leading to multiple protests and widespread condemnations by state and local Democratic officials. But little else emerged Friday about the shooting incident itself.

During the news conference, Day said repeatedly that he was not sharing information about Nino-Moncada and Zambrano-Contreras in order to pre-judge the shooting that left both hospitalized.

“I hesitated to even share this information initially because I’m very aware of the historic injustice of victim blaming,” Day said. “This information in no way is meant to disparage or to condone or support or agree with any of the actions that occurred yesterday. But it is important that we stay committed to the rule of law, that we stay committed to the facts.”

Portland Police Chief Bob Day gets emotional during a press conference addressing the Northeast Portland shooting that occurred the day prior in Portland, Ore. on Friday, Jan. 9, 2026.

Portland Police Chief Bob Day gets emotional during a press conference addressing the Northeast Portland shooting that occurred the day prior in Portland, Ore. on Friday, Jan. 9, 2026.

Eli Imadali / OPB

Day said both Nino-Moncada and Zambrano-Contreras are in stable condition and expected to recover. Nino-Moncada was shot in the arm, and Zambrano-Contreras in the chest, he said. Both required surgery and are in the hospital in federal custody.

Homeland Security officials said Thursday that the shooting occurred after Border Patrol agents attempted to stop a vehicle driven by Nino-Moncada. Federal law enforcement said he is in the country illegally.

“When agents identified themselves to the vehicle occupants, the driver weaponized his vehicle and attempted to run over the law enforcement agents,” DHS Assistant Secretary Tricia McLaughlin said in a statement. “Fearing for his life and safety, an agent fired a defensive shot. The driver drove off with the passenger, fleeing the scene. This situation is evolving, and more information is forthcoming.”

Day said he could not dispute or confirm that narrative Friday. The Federal Bureau of Investigation is leading an investigation into the shooting, though Day said his agency is working with local and state authorities.

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Day said Friday that additional details about the shooting would need to emerge via an investigation.

Greg Bretzing, who led more than 20 use-of-force investigations at the FBI, said it can take days, even weeks, to collect and piece together the evidence.

“Let the evidence come forward before making too many pre-judgments,” Bretzing said. “That’s what the investigators are tasked with doing at least.”

Crime tape surrounds a vehicle at the scene of a U.S. Border Patrol shooting of two people at building three of Adventist Health on the 10000 block of Main Street in Portland on Jan. 8, 2026.

Crime tape surrounds a vehicle at the scene of a U.S. Border Patrol shooting of two people at building three of Adventist Health on the 10000 block of Main Street in Portland on Jan. 8, 2026.

Eli Imadali / OPB

Kieran Ramsey, former assistant director for the FBI who retired last year, said it’s common during investigations like the one in Portland for the FBI to work alongside local and state law enforcement.

“My concern is this: making sure that the usual stakeholders that would normally work together to investigate this and determine what the facts are, are allowed to do so together,” said Ramsey, who also served as Special Agent in Charge of the FBI’s Portland office. “That gives better credibility and better legitimacy in the end to any investigation and those results.”

A large portion of Day’s remarks Friday were an update to a comment he made Thursday, when he told reporters he had no information that Tren de Aragua was active in Portland. The gang, which began in a Venezuelan prison, has since expanded internationally.

A U.S. Border Patrol police officer walks through the scene, filled with investigators and emergency personnel from other organizations including the FBI and HSI, at Adventist Health Building Three around the 10000 block of Main Street in Portland on Jan. 8, 2026, where two people were shot and wounded by U.S. Customs and Border Protection in East Portland earlier in the day.

A U.S. Border Patrol police officer walks through the scene, filled with investigators and emergency personnel from other organizations including the FBI and HSI, at Adventist Health Building Three around the 10000 block of Main Street in Portland on Jan. 8, 2026, where two people were shot and wounded by U.S. Customs and Border Protection in East Portland earlier in the day.

Eli Imadali / OPB

Day said Friday that after Nino-Moncada and Zambrano-Contreras’ names were released, he learned more. The pair came onto officers’ radar as they investigated a shooting in Northeast Portland that occurred last July, he said.

“The victim in that shooting was self-identified as a Venezuelan immigrant, who informed us that the suspects in that shooting were associated with TdA,” he said, referring to the gang.

Residents react to shooting

Thursday’s shooting rattled residents of the East Portland apartments where the shooting victims sped after being shot.

Patrick Herrington got up around 7:30 Friday morning to wash the blood off the sidewalk in front of the Bria apartment complex. Later that morning, faint stains still marked the spots where paramedics treated the bleeding Zambrano-Contrera and Nico-Moncada.

Herrington and others at the complex described a hectic evening Thursday night.

“I heard them pull in, they were honking the horn like crazy,” Herrington said. “I came to the door to see what was going on and he was laying there.”

Another woman, who declined to give her name, said she saw a man running toward her, yelling about his friends being shot.

Herrington was the only resident of the apartment complex OPB spoke with who recalled seeing Zambrano-Contrera and Nico-Moncada previously.

“They came here quite a bit, partied, hung out with people, but I don’t think they lived here,” he said. “Him and one of his buddies come in here all the time. He had a truck and the other guy had a Camaro and they always park really close to my Harley.”

More protests expected

The Portland shooting has added to the outcry this week that began when a U.S. Immigration and Customs Enforcement officer killed a woman in Minneapolis on Wednesday.

Shortly after news emerged of the incident Thursday, a wide swath of Portland elected officials insisted the Trump administration end federal immigration enforcement in the city. Hundreds of people gathered in separate protests on Thursday night – including a demonstration outside of an ICE facility in South Portland that led to six arrests.

Jarrett Comai chants into a megaphone outside the ICE building in Portland, Ore., on Jan. 8, 2026.

Jarrett Comai chants into a megaphone outside the ICE building in Portland, Ore., on Jan. 8, 2026.

Eli Imadali / OPB

Meanwhile, Republican officials and conservative outlets have countered that federal authorities have a right to apprehend dangerous criminals, and criticized Democrats for reflexively assuming border patrol agents were in the wrong.

Day, who got emotional during the press conference Friday, said his officers are preparing for Portlanders to demonstrate with “energy and intensity” about recent shootings this weekend. He implored participants to do so peacefully.

“I’m asking and encouraging Portlanders to not lose the credibility that we have built up, not only locally, but nationally,” Day said, referencing the large peaceful protests last year against the prospect of a national guard deployment in Portland. “I’m hopeful that, although the concern is high, that we will have a peaceful but robust and active weekend.”

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