A U.S. Customs and Border Protection officer has been indicted on federal civil rights and false statement charges after prosecutors allege he used excessive force during an arrest and then falsely described the encounter to supervisors, resulting in an inaccurate official report accusing the detainee of assaulting a federal officer.

According to an announcement from the U.S. Attorney’s Office for the Western District of Texas, Jesus Espinosa, 52, of El Paso, made his initial appearance in federal court after a federal grand jury returned the indictment. Court records show Espinosa was indicted on July 15 and arrested on July 17.

Prosecutors Allege Chokehold Led to Civil Rights Charge

According to the indictment, the incident occurred on Aug. 22, 2021, while Espinosa was acting under color of law as a federal law enforcement officer. Federal prosecutors allege Espinosa used unreasonable force, including placing a detainee in a chokehold, during an arrest, resulting in bodily injury.

The indictment charges Espinosa with one count of deprivation of rights under color of law, alleging the force used violated the individual’s constitutional rights. The charge carries a maximum penalty of up to 10 years in federal prison if convicted.

False Statements Allegedly Led to Inaccurate Official Report

Federal prosecutors also allege Espinosa knowingly made materially false statements during an internal review of the incident. According to court documents, Espinosa allegedly told his supervisor that the individual he detained was aggressive and refused to comply with commands.

Prosecutors contend those statements were false and caused an official report to incorrectly classify the incident as an assault on a federal officer rather than accurately documenting an alleged excessive use of force. Espinosa is additionally charged with one count of making false statements to a U.S. government agency, a charge punishable by up to five years in federal prison if convicted.

Initial Court Appearance Held in El Paso

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

The investigation is being conducted by the FBI, the Department of Homeland Security Office of Inspector General, and U.S. Customs and Border Protection’s Office of Professional Responsibility. Assistant U.S. Attorney Scott Wisniewski is prosecuting the case.

As with all criminal cases, the indictment is an allegation. Espinosa is presumed innocent unless and until proven guilty beyond a reasonable doubt in federal court.