Key parts of the US Department of Homeland Security’s account of a border patrol agent shooting two Venezuelan nationals in Portland, Oregon, have fallen apart in court, records obtained by the Guardian reveal.
The DHS initially claimed the two individuals were “vicious” members of the Venezuelan gang Tren de Aragua and had attempted to run over officers with their vehicle. However, a Department of Justice prosecutor later told a judge that the driver, Luis Niño-Moncada, was not suggested to be a gang member. An FBI affidavit indicated that the passenger, Yorlenys Zambrano-Contreras, was a victim of sexual assault and robbery in a previous shooting, not a suspect as DHS had stated.
Neither Niño-Moncada nor Zambrano-Contreras have prior criminal convictions, their lawyers said. Immigration and criminal justice experts characterised the federal government’s communications as a “smear campaign” against the two immigrants, involving mischaracterisations and unsubstantiated allegations.
The shooting occurred on 8 January in a hospital parking lot. No body-camera footage was recorded by the six border patrol agents involved, and surveillance cameras did not capture the incident. Niño-Moncada remains detained, facing assault charges, while Zambrano-Contreras pleaded guilty to improper entry. The incident adds to scrutiny over the Trump administration’s false statements regarding other killings.
