EL PASO, Texas – A U.S. Customs and Border Protection officer made his initial appearance in federal court after he was indicted and subsequently arrested for charges related to his alleged false reporting of details involving excessive use of force, announced U.S. Attorney Justin R. Simmons for the Western District of Texas.
According to court documents, while acting under color of law as a federal law enforcement officer on August 22, 2021, Jesus Espinosa, 52, of El Paso, is alleged to have used unreasonable force, including a chokehold, to detain an individual, resulting in bodily injury. Additionally, an indictment alleges Espinosa knowingly and willfully made materially false, fictitious and fraudulent statements and representations in his answers to his supervisor’s questions regarding the incident. Allegedly, Espinosa claimed that the individual he detained was aggressive and non-compliant, which initially caused an erroneous official report of assault on a federal officer rather than a true report detailing excessive use of force.
Espinosa was indicted July 15 and arrested July 17. He is charged with one count of deprivation of rights under color of law and one count of false statement to a U.S. government agency. The defendant made his initial court appearance on July 17 before U.S. Magistrate Judge Robert F. Castaneda of the U.S. District Court for the Western District of Texas. If convicted, he faces up to 10 years in prison for the deprivation of rights charge and up to five years in prison for the false statement. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI, Department of Homeland Security Office of the Inspector General, and Customs and Border Protection Office of Professional Responsibility are investigating the case.
Assistant U.S. Attorney Scott Wisniewski is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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