Chicago man cleared of Bovino murder plot still in detention after judge denies bail

An immigration judge denied bail to a Chicago man acquitted last month of orchestrating a murder-for-hire plot against U.S. Border Patrol Cmdr. Gregory Bovino, calling him a “potential” danger to the community despite the verdict.

At a bond hearing Wednesday, Judge Matthew Beese said lawyers for the Department of Homeland Security presented “substantial” evidence from the criminal trial to support their claim that he posed a danger.

Prosecutors in that trial failed to prove their case beyond a reasonable doubt, a jury found. But Beese emphasized that his decision was based on immigration court standards, which differ from those in criminal court.

Homeland Security lawyers spent a significant portion of the hearing presenting evidence that had either been rejected by jurors during the criminal trial, or barred by the judge who oversaw it.

Lawyers on Wednesday cited a Homeland Security Investigations report that included phone records alleging Espinoza Martinez, 37, was affiliated with the Latin Kings and had access to firearms.

They also pointed to a Snapchat message Espinoza Martinez sent in early October that followed a photo of Bovino. The message read, “2k on info cuando lo agarren,” “10k if u take him down,” and “LK … on him.”

Bovino served as the face of Operation Midway Blitz, the Trump administration’s aggressive deportation campaign in the Chicago area last year.

Prosecutors in the criminal case did not set out to prove Espinoza Martinez’s affiliation with the Latin Kings. Without that claim, U.S. District Judge Joan Lefkow barred gang-related evidence from his trial.

Espinoza Martinez has been in federal custody for more than four months since his arrest on murder-for-hire charges in early October, records show.

The jury acquitted Espinoza Martinez on Jan. 22 after a brief trial at the Dirksen Federal Courthouse. He was quickly taken into the custody of U.S. Immigration and Customs Enforcement.

Homeland Security officials have accused Espinoza Martinez of being in the country illegally.

Sussethe Renteria, an immigration attorney representing Espinoza Martinez, said he entered the country at age 5 and Chicago was “the only home he knows.”

Renteria rejected claims that Espinoza Martinez posed a danger to the community or a flight risk, saying Homeland Security was “attempting to relitigate the criminal case” despite his acquittal.

She said Espinoza Martinez had no criminal record aside from minor traffic violations and denied that he had any involvement with a gang.

“While we respect the court's decision, we are disappointed with the outcome,” Renteria said after the hearing. “He has the unwavering support of his community and his family, and has three children and a wife desperate for him to come home. We are confident that justice will be served.”

Renteria said she was considering appealing the court’s decision.

During the hearing, Renteria also presented a statement from Ald. Michael Rodriguez (22nd) stating that Espinoza Martinez, who lives in the Little Village neighborhood, had “no connection to gang activity.” She stressed that merely living in a neighborhood with gang presence does not make someone a gang member.

Last week, a federal judge in Indiana temporarily blocked the Trump administration from deporting Espinoza Marinez who was being held in the Clay County Justice Center in Brazil, Indiana. His attorney, Michael Adler, filed a petition Feb. 2 in the Southern District of Indiana challenging his detention.

The judge ordered the Trump administration not to move Espinoza Martinez “outside the jurisdiction of the United States,” or outside the 7th U.S. Circuit — which includes Illinois, Indiana and Wisconsin — while the litigation proceeds.

A removal hearing was scheduled for Feb. 25. Renteria said she would file a request to cancel the removal.

Contributing: Jon Seidel