An El Paso CBP officer was indicted on federal charges for allegedly using excessive force by placing a man in a chokehold and providing false information about the incident, authorities said.
An El Paso federal grand jury indicted U.S. Customs and Border Protection officer Jesus Espinosa, 52, of El Paso on one count each of deprivation of rights under color of law and false statement to a U.S. government agency, U.S. Attorney for the Western District of Texas Justin R. Simmons announced in a news release.
The grand jury handed up the indictment on Wednesday, July 15, with Espinosa being arrested by FBI El Paso agents on Friday, July 17, the news release and jail records state.
CBP spokesman Landon Hutchens said he was working to gather information on Espinosa’s employment status, which was not immediately available.
The indictment alleges Espinosa put a man, only identified as E.R., in an apparent chokehold and forcefully took him to the ground. It also claims that when E.R. tried to get up off the ground, Espinosa allegedly again grabbed E.R. around his neck and took him back to the ground. The incident happened on Aug. 22, 2021.
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E.R. was injured in the incident, but the indictment does not state how severe the injuries were.
The indictment also states that Espinosa “knowingly and willfully made materially false and fictitious statements” when interviewed by a CBP supervisory officer during an investigation into the alleged excessive use of force.
Espinosa alleged that E.R. was being “aggressive and non-compliant” as he tried to place E.R. in handcuffs. The investigation revealed Espinosa provided false information, which caused “an erroneous official report of assault on a federal officer to be generated against E.R. and prevented the creation of a true report detailing the use of excessive force” by Espinosa, the indictment states.
No information is included in the indictment on why E.R. was in CBP custody.
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Espinosa made his initial appearance before U.S. Magistrate Judge Robert F. Castaneda on Monday, July 20, at the Albert Armendariz Sr. U.S. Courthouse in Downtown El Paso, court records show. Castaneda granted Espinosa a $10,000 bond.
El Paso County jail records show Espinosa was transferred to the custody of the U.S. Marshals Service on Monday, July 20, but do not state if Espinosa posted bail and was released from jail.
Espinosa is facing up to 10 years in prison on the deprivation of rights charge and up to five years on the false statement charge if convicted, the news release states.
FBI El Paso, the U.S. Department of Homeland Security’s Office of the Inspector General and the U.S. Customs and Border Protection’s Office of Professional Responsibility investigated the case. Assistant U.S. Attorney Scott Wisniewski is prosecuting the case for the U.S. Attorney’s Office.
Aaron Martinez covers the criminal justice system for the El Paso Times. He may be reached at amartinez1@elpasotimes.com.
This article originally appeared on El Paso Times: El Paso CBP officer allegedly placed man in chokehold, falsified records
