Bolingbrook Family Claims Cops Conducted Illegal Search, Erased Video After Xmas Fight

A Bolingbrook family claims the cops illegally searched their home after breaking up a Christmas morning fight, then erased a cell phone video of their allegedly illicit doings.

The matriarch of the Espinoza family, 48-year-old Rosa Espinoza, along with her two daughters — Erika, 21, and Natalie, 14 — sued seven Bolingbrook police officers in federal court.

Rosa’s husband, Juan Espinoza, 50, said his family hosted a party for about 10 guests on Christmas Eve 2013. As the party wound down, he said, his son Ricardo, 30, began bothering his other son, Junior, 26.

The playful scuffle between Ricardo and Junior escalated into real violence, Juan said, and when he was unable to separate his sons, Rosa called the cops.

After officers arrived, Ricardo gave himself up, Erika said, but the cops knocked him around, gashing open his head and leaving him a bloody mess on the floor. Junior started recording the police with his phone, she said, but an officer knocked it out of his hand and the cops took it away.

The video showed the police conducting an illegal search of the house but when Junior got his phone back, the recording had been mysteriously erased, according to the lawsuit.

Ricardo and Junior were arrested on felony charges of aggravated battery to a police officer. Their cases remain pending.

Their mother and father were jailed on the same charges. Prosecutors later dropped the case against Rosa. Juan pleaded guilty to a reduced charge of misdemeanor battery.

Erika and the her boyfriend at the time, James Faught, also were taken into custody but prosecutors decided against filing charges. Erika accused the officers of treating her roughly even though she was eight months pregnant.

“The guy was holding me so tight,” she said. “It hurt so bad I asked him to stop.”

Natalie, only 14 at the time of the incident, said she remained in her room while the police were arresting her entire family. An officer forced his way into her room, shoved a Taser in her face and threatened to shock her with it, she said.

“I have flashbacks and shake a lot,” she said. “I get scared” at the sight of police officers.

The Espinozas’ attorney, John Schrock, said the police suspected Ricardo possessed drugs and wanted to go looking for contraband.

“They just wanted to do a general search of the house, so they intimidated everyone out of their way,” Schrock said.

A police spokesman said he was aware of the lawsuit but that he could not comment on pending litigation.

After the Espinozas were arrested in 2013, a police spokesman said officers were called to the South Palmer Drive residence in response to a domestic disturbance.

“Upon entering the house, they saw subjects fighting in the back living room and the officers attempted to break up the fight, which erupted into a physical fight with two subjects and the officers,” the spokesman said. “Backup units arrived, and we subsequently arrested the rest of the people in the residence.”

Two officers sustained minor injuries and their equipment was damaged during the struggle, police said.

Since the incident, Juan Espinoza said his family had been subjected to police harassment until they moved away to Crestwood.

“We don’t want to live in Bolingbrook anymore because we’re afraid,” he said.

Juan also said that after he and his family were in custody, the police laughed at and taunted them.

“My son said, ‘We’re going to sue you guys,’” Juan recalled. The officer “said, ‘everybody says it but nobody does it.’”