- CBP officer Jesus Espinosa faces charges for using excessive force during a twenty twenty-one detention in El Paso.
- The indictment alleges Espinosa used a prohibited chokehold and later falsified official records about the incident.
- Prosecutors state the officer falsely accused the detainee of assault to conceal his own misconduct and use of force.
The U.S. Attorney’s Office for the Western District of Texas announced federal charges July 20 against Jesus Espinosa, a 52-year-old U.S. Customs and Border Protection officer from El Paso accused of using excessive force and falsifying his account of the encounter.
A federal grand jury returned the indictment July 15. Agents arrested Espinosa July 17, and he appeared before U.S. Magistrate Judge Robert F. Castaneda in Court One.
Prosecutors charged him with one count of deprivation of rights under color of law and one count of making a false statement to a U.S. government agency. The judge set bond at $10,000.
The case centers on an Aug. 22, 2021, detention. The detained person suffered bodily injury, prosecutors allege. The force allegedly involved a chokehold.
Justin R. Simmons, U.S. attorney for the Western District of Texas, said Espinosa gave false answers when his supervisor questioned him about the incident.
“Espinosa knowingly and willfully made materially false, fictitious and fraudulent statements and representations in his answers to his supervisor’s questions regarding the incident.”
The alleged false account shaped the first official record of what happened. Espinosa allegedly described the detained person as aggressive and non-compliant, leading to an erroneous report accusing that person of assaulting a federal officer.
Prosecutors say the first report blamed the detainee instead
The Department of Justice said the initial account did not accurately describe the alleged use of force. Instead, the report characterized the encounter as an assault on a federal officer, according to the department’s announcement.
That allegation affected the detained person directly. The person faced an official accusation based on statements prosecutors now say were fraudulent and intended to conceal the officer’s conduct.
The indictment describes Espinosa as acting in his official capacity as a federal law enforcement officer. Prosecutors allege that he used unreasonable force while taking the unnamed individual into custody.
The case therefore combines two allegations from the same encounter: an unlawful use of force during the detention and a later effort to misrepresent it. Each charge carries a separate potential prison term.
A conviction on the civil-rights charge could bring up to 10 years in federal prison. The false-statement charge carries a maximum of five years, creating a potential combined exposure of up to 15 years.
FBI, DHS watchdog and CBP unit investigated
Three agencies investigated the allegations: the Federal Bureau of Investigation, the Department of Homeland Security Office of Inspector General and the CBP Office of Professional Responsibility.
Assistant U.S. Attorney Scott Wisniewski is prosecuting the case. Espinosa remains subject to further federal court proceedings after his initial appearance.
The indictment and arrest came nearly five years after the reported encounter. The public announcement followed the grand jury action by five days and the arrest by three days.
The court proceedings will determine whether the allegations can be proven. The charges remain accusations unless established in court.
El Paso case follows another officer’s prison sentence
The prosecution adds to scrutiny of CBP officers in the El Paso sector. In September 2024, former El Paso CBP officer Miguel Angel Delgado Jr. received a 24-month prison sentence in a separate case.
That case involved similar charges tied to deprivation of rights and falsifying records related to incidents at the Bridge of the Americas Port of Entry. Delgado’s sentence predates Espinosa’s indictment and does not establish the outcome of the newer prosecution.
The current case involves an unnamed detained person and a specific 2021 encounter. Investigators allege the officer’s report initially transformed that encounter into a case against the person he detained.
Espinosa’s next court proceedings will address the federal charges after the $10,000 bond order. The case is being prosecuted in the Western District of Texas.
