A federal judge in Portland is pressing prosecutors to find out whether federal officers posed for a “trophy photo” beside an arrested protester outside the city’s ICE field office, and what that could mean for his punishment.
U.S. District Judge Amy Baggio has ordered the government to track down any video or photographs tied to the arrest, then reset 31-year-old August Dean Gordon’s sentencing to May 15, 2026 while the court sorts out what exists and how it should factor into the case. Gordon, of Beaverton, remains free on conditions until that hearing.
What the court record shows
According to the criminal complaint filed in U.S. District Court, surveillance video captured Gordon pulling a proximity card reader from a stanchion outside the ICE field office at about 3:14 a.m. Arresting officers later photographed the person and his clothing.
The affidavit describes the subject as wearing a black helmet, dark clothing and a blue surgical mask, and says five officers sustained injuries as they took him into custody. Those court documents are the factual backbone prosecutors have relied on in bringing federal charges.
Judge seeks clarity on alleged 'trophy photo'
Defense counsel Clais Daniels-Edwards has alleged in sealed filings that federal officers went further than routine documentation and posed for a photo next to Gordon while he was on his knees. In response, Judge Baggio ordered prosecutors to determine whether such an image exists.
As reported by OregonLive, the judge instructed the U.S. Attorney’s Office to produce video or other evidence supporting the government’s account before the court proceeds with sentencing. "The truth of the matter is important," she said, according to reporting from the hearing.
Charges and earlier coverage
The U.S. Attorney’s Office announced in July 2025 that Gordon was charged with willful depredation of government property and assaulting a federal officer, and that the case was investigated by the FBI and the Federal Protective Service. See the U.S. Attorney’s Office press release here for those charging details, and earlier local coverage in four charged with arson and assaulting officers for background on the broader set of federal cases tied to protests at the ICE facility.
Plea, sentencing fight and what's at stake
Gordon pleaded guilty on Oct. 14, 2025 to assaulting a federal officer. The plea agreement lays out allegations that he kicked and grabbed officers during the arrest.
Federal prosecutor Greg Nyhus has recommended a roughly four-month sentence. Defense attorneys, however, argue that the disputed photo allegation, and whatever it might show about how officers handled the arrest, should be resolved before the court imposes punishment. Judge Baggio moved sentencing to May 15, 2026 in response.
The tug over whether a photograph exists has become the central contested fact in what otherwise looked like a routine sentencing dispute, according to OregonLive.
Legal questions ahead
If photographs show officers posing with a kneeling or handcuffed detainee, defense lawyers could argue those images are relevant to credibility and mitigation at sentencing. The criminal complaint itself records that arresting officers "took a photo of the subject and of the subject's clothing," a detail the government will have to explain or contextualize in court; see the court affidavit.
Any discovery ordered by Judge Baggio could also feed civil or administrative inquiries if it shows misconduct or improper handling of evidence.
Prosecutors must either produce the images and video the judge has requested or explain why none exist ahead of the May 15, 2026 sentencing hearing. Both sides are due back in federal court on that date to resolve whether the disputed evidence changes what the plea agreement and the court should ultimately require.
