United States of America v. Jesus Espinosa

El Paso, Texas, criminal defense lawyer represented the Defendant charged with deprivation of rights under color of law in violation of 18 U.S.C. 242 and making false statements to a U.S. Government agency in violation of 18 U.S.C. 1001.

Digested by Kent Morlan

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.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.