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GF Co. Attorney: Officers were justified in Feb. shooting

By Pat Sweeney Mar 23, 2022 | 5:16 PM

The Grand Forks County States Attorney’s Office has ruled that two officers with the County Sheriff’s Office were justified in shooting a man who pointed a gun at them on Feb. 27th.

Thirty-seven-year-old Joseph Espinoza of Grand Forks was shot in the leg by Corporal Brandon Rakoczy and Deputy Dustin Wadholm after authorities said Espinoza refused commands to put down his weapon.

Earlier, the Sheriff’s office said Espinoza crashed a vehicle near Thompson, then broke into a nearby home, where he scuffled with homeowners and gained control of their gun.

The State’s Attorney’s Office says the officers were objectively reasonable in their actions, and justified in light of the circumstances.

Espinoza faces a total of 11 charges.  Eight are felonies ranging from robbery and theft to terrorizing and reckless endangerment.  His bail was set at $300,000.

Espinoza remains in jail.  His preliminary hearing is set for April 8th.

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STATES ATTORNEY OPINION ISSUED IN OFFICER-INVOLVED SHOOTING

The States Attorney’s Office has issued a legal opinion related to the officer involved shooting involving Joseph Espinoza in Grand Forks County on February 27, 2022.

After a thorough review of the facts and law, the States Attorney’s Office has concluded the actions of the deputies on scene were objectively reasonable and justified in light of the circumstances.

When Corporal Brandon Rakoczy and Deputy Dustin Wadholm arrived on scene, they were immediately warned by the homeowner that the suspect had a gun.

Deputies gave Joseph Espinoza numerous commands to drop the gun and he refused to comply with their commands.

The deputies had retreated several yards back to their squad car.

Espinoza continued to approach the deputies and pointed his firearm at deputies, which led to both deputies firing their duty weapons at Espinoza.

Espinoza was shot in his left leg.

Joseph Espinoza was subsequently apprehended and charged with the crimes of Theft of Property, Robbery, Burglary, Attempted Theft of Property, Theft of a Firearm, Terrorizing, Reckless Endangerment, Criminal Mischief, Reckless Driving, Driving Under Suspension, and Leaving the Scene of an Accident for the incident on February 27, 2022.

Mr. Espinoza’s charges are pending and he remains in the Grand Forks County Correctional Center at this time.

A defendant is presumed innocent of all charges until proven guilty by proof beyond a reasonable doubt.

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