“Former Customs and Border Protection Officer Convicted for Deprivation of Rights and Falsification of Records: John Doe’s Case”

By | December 19, 2023

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Accident – Death – Obituary News : Department of Justice Seal

Federal Jury Convicts Former Customs and Border Protection Officer on Multiple Charges

ALBUQUERQUE – The United States Attorney for the District of New Mexico, Alexander M.M. Uballez, and Special Agent in Charge of Customs and Border Protection (CBP), Office of Professional Responsibility in El Paso, Texas, Gilberto Carreon Jr., announced today that a federal jury has returned two guilty verdicts against Oscar Orrantia. The jury convicted Orrantia on one count of deprivation of a right and one count of falsification of records after five hours of deliberation. The presiding judge for the case was Margaret I. Strickland.

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Oscar Orrantia was accused of two felony offenses on November 15, 2023, in a Second Superseding Indictment issued by a federal grand jury. The evidence presented at trial and publicly available court records show that on June 18, 2019, Orrantia, who was then an officer with CBP, was conducting checks on travelers entering the United States through the Columbus Port of Entry. During the inspection, a 63-year-old male United States citizen, referred to as John Doe in the indictment, approached the primary inspection area. John Doe, a resident of Deming, New Mexico, frequently traveled to Mexico for errands. As he pulled up to the primary inspection area, John Doe complained in Spanish about the heat.

In response to John Doe’s complaint, Orrantia advised him not to cross the border. John Doe then handed a package to Orrantia, expressing his frustration. At this point, John Doe attempted to look at Orrantia’s name tag, which Orrantia misinterpreted as a potential complaint. Orrantia quickly demanded to know if John Doe was threatening him in English. Instead of deescalating the situation, Orrantia proceeded to order John Doe out of the vehicle without giving him sufficient time to comply. Orrantia forcibly unbuckled John Doe’s seatbelt, turned him around, and threatened to knock him down. Shortly after, Orrantia followed through on his threat, causing John Doe to hit his head against a nearby brick barrier. Orrantia continued restraining John Doe, even though he could have handcuffed him while he was still standing. While John Doe was handcuffed and on the ground, Orrantia made derogatory remarks about him to another officer.

During the trial, experts testified that Orrantia’s conduct escalated the encounter, emphasizing that CBP officers are trained in de-escalation techniques. Two different experts stated that the take-down maneuver used by Orrantia was not a technique taught by CBP. They also mentioned that there was insufficient space to execute a proper take-down in this particular situation. One of the experts further opined that Orrantia had acted contrary to his training.

As a result of the incident, John Doe sustained bruising and a hematoma. Medical professionals who examined him testified about the injuries, which were consistent with blunt force trauma. Paramedics attended to John Doe at the scene, and he was subsequently released without any indication of having committed a crime.

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Following the encounter, Orrantia filed a report containing numerous false statements. He claimed that John Doe had thrown the package he was declaring at him, but video footage disproved this allegation, clearly showing John Doe handing the package to Orrantia. Orrantia also falsely stated in the report that John Doe had refused to get out of the vehicle, whereas the audio from the interaction revealed that John Doe had asked Orrantia for permission to remove his seatbelt first. Orrantia’s own use of force expert admitted that the report contained false statements.

U.S. Attorney Uballez emphasized the importance of treating members of the public with respect and dignity, stating, “Those that wear the badge are expected to treat members of the public they serve with the utmost dignity and respect. When an officer abuses their position, they erode the trust of the community we serve. We will scrupulously investigate, and vigorously prosecute, those who abuse the public trust and then try to cover up their misdeeds. The uniform will not protect you from justice.”

Special Agent in Charge Carreon highlighted the collaboration between law enforcement professionals in this successful investigation. He stated, “The success of this investigation demonstrates the critical importance of fostering collaboration between law enforcement professionals. The efforts rendered by all led to Officer Orrantia’s conviction and the continued accountability of those entrusted to serve the public.”

Orrantia will remain on conditions of release until his sentencing, which has yet to be scheduled. He faces a maximum sentence of 10 years in prison for deprivation of rights and up to 20 years in prison for falsifying records.

The investigation of this case was conducted by the Customs and Border Protection Office of Professional Responsibility (CBP OPR), with assistance from the Federal Bureau of Investigation, CBP Law Enforcement Safety & Compliance Less Lethal Training Branch, CBP Office of Assistant Chief Counsel, Department of Homeland Security, Office of Inspector General (DHS OIG), and the United States Marshals Service. The case is being prosecuted by Assistant U.S. Attorneys Marisa Ong and Eliot Neal.

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