The trial of a man accused of orchestrating a murder-for-hire plot against a top U.S. Border Patrol official officially began Tuesday.
The case is the first tied to Operation Midway Blitz to reach trial, and despite a recent court ruling excluding significant evidence, prosecutors are moving forward.
Last week, a federal judge in Chicago ruled prosecutors cannot present evidence related to Juan Espinoza Martinez’s alleged gang ties, which were outlined in a criminal complaint filed in October.
Espinoza Martinez, 37, was arrested on Oct. 6 following a months-long federal immigration operation targeting the Chicagoland area under what the Trump administration has called “Operation Midway Blitz.”
He is charged with one count of murder-for-hire and is accused of using the social media app Snapchat to place a bounty on Gregory Bovino, the Border Patrol chief overseeing the ongoing immigration crackdown.
Prosecutors allege the messages included Bovino’s photograph and offered $2,000 for information about his location and $10,000 to kill him. Authorities say the alleged plot followed a separate incident in Brighton Park in which a federal agent shot a 31-year-old woman.
According to court documents, one of the Snapchat messages read, “2k on information when you get him,” followed by, “10k if u take him down.”
A photo provided by the U.S. Attorney’s Office for the Northern District of Illinois shows Juan Espinoza Martinez, 37, who is accused in the alleged murder-for-hire scheme targeting the Border Patrol chief.
Prosecutors initially claimed Espinoza Martinez was a high-ranking member of the Latin Kings.
“Based on my training and experience and knowledge of this investigation, I believe that ESPINOZA MARTINEZ is a high-ranking member of the Latin Kings and has authority to order other members to carry out violent acts, including murder,” prosecutors wrote in the charging document.
The criminal complaint also alleged Espinoza Martinez sent members of the Latin Kings to the area of 39th Street and Kedzie Avenue following the Oct. 4 shooting.
However, prosecutors later walked back those claims, stating in court records that they would instead argue Espinoza Martinez had an “affinity” or relationship with the gang.
U.S. District Judge Joan Lefkow dealt a major blow to the prosecution last week by granting a defense motion to exclude that evidence.
Lefkow ruled that any testimony regarding the Latin Kings, Chicago-based gangs, or any alleged gang affiliation or affinity involving Espinoza Martinez would be barred from trial.
“Without evidence showing that defendant is a member of the Latin Kings or that the Latin Kings instructed defendant to send the alleged murder-for-hire information, the prejudicial nature of such testimony outweighs any probative value,” Lefkow wrote.
The government also asked the judge to allow a confidential source to testify without disclosing their last name, citing a threat allegedly made by someone connected to Espinoza Martinez on social media. Lefkow denied that request.
During a court appearance in October, prosecutors stated Espinoza Martinez is not a U.S. citizen but has lived in the country for at least 10 years.
Defense attorneys have maintained his innocence, saying he has lived in Chicago for nearly 30 years, works as a construction laborer, and has no gang affiliations.
In court Tuesday, Espinoza Martinez’s attorneys argued he was merely repeating content he saw on social media and claimed federal agents put words in his mouth after taking him into custody.
Jury selection began at 9:30 a.m. Tuesday at the Dirksen Federal Courthouse in downtown Chicago. Attorneys said jurors are expected to begin deliberations by the end of the day Thursday.
Opening statements are scheduled to begin Wednesday morning.