Two brothers taken into police custody in a video that went viral on social media allegedly interfered with police officers investigating allegations of criminal mischief and criminal trespass.
El Paso Police Officer Jose Rios is referred in the complaint affidavit as the victim. On July 5, 2018, Rios responded to a criminal trespass and criminal mischief call shortly after 6 p.m. at an apartment complex at 6719 Sambrano.
The affidavit does not mention the fact that one of the officers pointed his gun at the crowd of juveniles. El Paso Police spokesman Sgt. Enrique Carrillo tells ABC-7 that wasn’t included in the affidavit because it has nothing to do with the charge.
“It’s irrelevant to include that in the affidavit,” Carrillo said. “It has nothing to do with a cover up. It’s a charging instrument.”
Carrillo further stated the fact that the officer pulled out his gun would be included in the officer’s recorded statement. Carrillo said ABC-7 would have to submit an open records request to get the statement.
ABC-7 asked El Paso City Representative Henry Rivera, a former police officer, if that is something he would have included in an affidavit. Rivera was careful not to place any criticism on the officer, but did tell ABC-7 that is something he would have included in the affidavit. “In this case, obviously, we don’t know what happened before then. I’m not judging him because I was in situations … In this case, it’s unfair to the officer, it’s unfair to the people involved, and it’s unfair to the neighborhood that actually called,” Rivera said.
Police were told a group of juveniles was inside a vacant apartment unit at the property without the permission or consent of the property owner.
When Officer Rios arrived at the scene, he observed a suspect walking west, away from the apartments, with “a larger crowd of juveniles.”
Officer Rios stopped the group and asked all of the juveniles to line up against a wall at the perimeter of the Seville Recreation Center.
At that time, a second police officer, only identified as C. Sandoval in the criminal complaint, walked to the apartment complex to get information about the alleged trespassers from a witness. The witness told Officer Sandoval four juveniles were inside the vacant apartment unit. The witness said the four juveniles in question were among those lined up against the wall.
At that point, 15-year-old Jacob Saucedo, the brother of 17-year-old Julian Saucedo, allegedly told Officer Rios, “you ain’t got s*** on me n****, I’m just going to leave” and proceeded to walk away.
Officer Rios reportedly told Jacob Saucedo they were currently detained and he could not leave until the investigation was complete. As Officer Rios was in the process of obtaining personal information from the juveniles up against the wall, Jacob Saucedo allegedly refused to comply, walked in the direction of officers and said it was “his freedom of speech.”
The juveniles became belligerent, began to move and attempted to walk behind Officer Rios, the complaint states. Rios gave Jacob Saucedo a “loud command” to get back and Jacob Saucedo allegedly responded, “F*** the cops! F*** you all. You ain’t s*** without a gun,” the complaint states.
Rios was in the process of taking Jacob Saucedo into custody – referred to in the criminal complaint as Suspect 1 – when he ordered Julian Saucedo to get back on the sidewalk and remain inside the Seville Recreation Center. Julian Saucedo interfered with the arrest “by continuing to walk around and behind the victim,” the criminal complaint states.
Once Rios took Jacob Saucedo into custody and placed the arrestee in the back seat of the patrol unit, Julian Saucedo allegedly “remained on the roadway” near the officers and the marked patrol unit, the complaint states. When Julian Saucedo refused to obey the officer’s orders, he was taken into custody for “impeding, interrupting and disrupting officers” conducting a criminal investigation.
Police said Monday the officer who pulled out the gun is on desk duty. El Paso Police Chief Greg Allen declined to comment on protocol, telling ABC-7 the department does not comment on ongoing investigations. The official news release by the City of El Paso does not identify Rios as the officer who pulled out the weapon.