EL PASO, Texas (KFOX14/CBS4) — A U.S. Customs and Border Protection officer from El Paso has been indicted and arrested on federal charges tied to an alleged use-of-force incident and what prosecutors say was false reporting afterward.

Jesus Espinosa, 52, of El Paso made his initial appearance in federal court after being indicted and then arrested, according to federal officials.

Court documents state that on Aug. 22, 2021, Espinosa, acting under color of law as a federal law enforcement officer, allegedly used unreasonable force to detain an individual, including a chokehold, resulting in bodily injury.

The indictment also alleges Espinosa knowingly and willfully made materially false, fictitious and fraudulent statements and representations while answering his supervisor’s questions about the incident.

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Prosecutors allege Espinosa claimed the person he detained was aggressive and non-compliant, which led to an erroneous official report of assault on a federal officer rather than a 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 making a false statement to a U.S. government agency.

If convicted, Espinosa faces up to 10 years in prison on the deprivation of rights charge and up to five years in prison on the false statement charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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