EL PASO CUSTOMS AND BORDER PROTECTION OFFICER INDICTED ON FEDERAL CIVIL-RIGHTS AND FALSE-STATEMENT CHARGES

EL PASO, Texas — A U.S. Customs and Border Protection officer has been arrested and charged with violating an individual’s constitutional rights through the alleged use of excessive force and then providing false information about the encounter to his supervisor.

Jesus Espinosa, 52, of El Paso, was indicted by a federal grand jury on July 15 and arrested on July 17. He is charged with one count of deprivation of rights under color of law and one count of making a false statement to a United States government agency.

U.S. Attorney Justin R. Simmons announced the federal charges for the Western District of Texas.

According to the indictment, Espinosa was acting in his official capacity as a federal law-enforcement officer on August 22, 2021, when he allegedly used unreasonable force while detaining an individual.

Federal prosecutors allege that the force included placing the individual in a chokehold. The encounter allegedly resulted in bodily injury.

The deprivation-of-rights charge concerns conduct allegedly committed under color of law. That legal term applies when a government official uses authority granted through an official position while depriving another person of a right protected by the Constitution or federal law.

The indictment also accuses Espinosa of knowingly and willfully providing materially false, fictitious, and fraudulent answers when questioned by his supervisor about the incident.

Espinosa allegedly claimed that the detained individual had been aggressive and noncompliant. The indictment alleges that those statements led to an erroneous official report classifying the encounter as an assault on a federal officer rather than an excessive-use-of-force incident.

The false-statement charge is separate from the alleged civil-rights violation. Federal law prohibits knowingly and willfully making materially false statements or representations in matters within the jurisdiction of the executive, legislative, or judicial branches of the United States government.

A statement is considered material when it has the capacity to influence a government decision, investigation, report, or official action. Prosecutors allege that Espinosa’s statements affected the initial classification and documentation of the encounter.

Espinosa made his initial federal court appearance on July 17 before U.S. Magistrate Judge Robert F. Castaneda in the Western District of Texas.

The initial appearance formally advised Espinosa of the charges and his rights. It did not determine whether the allegations are true or establish his guilt.

If convicted of deprivation of rights under color of law, Espinosa faces a maximum sentence of 10 years in federal prison. The false-statement charge carries a maximum penalty of five years in prison.

Those statutory maximums are not predetermined sentences. Any punishment would be imposed by a federal district court judge after reviewing the U.S. Sentencing Guidelines, the facts established in court, Espinosa’s criminal history, and other statutory sentencing factors.

The FBI, Department of Homeland Security Office of Inspector General, and U.S. Customs and Border Protection Office of Professional Responsibility are investigating the case.

The involvement of internal professional-responsibility and inspector-general investigators reflects the allegations concerning conduct performed under federal authority and the accuracy of official reporting within a law-enforcement agency.

Assistant U.S. Attorney Scott Wisniewski is prosecuting the case for the Western District of Texas.

The indictment contains allegations that have not been proven at trial. Jesus Espinosa is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

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