Editor’s Note: Since this publish was first printed, the court docket document has been up to date to mirror that at the moment’s scheduled listening to for Marimar Martinez was canceled after she was indicted by a grand jury on Thursday. Her subsequent court docket look has not but been scheduled.
LEARN MORE: Woman shot by CBP agent indicted, will not appear in court today
Marimar Martinez, an American citizen who was shot by a Border Patrol agent in Chicago final Saturday throughout an altercation, will seem in court docket Friday to face a cost of “forcibly assaulting, impeding, and interfering with a federal law enforcement officer.”
Department of Homeland Security spokesperson Tricia McLaughlin described the capturing as “defensive” and claimed the suspect was “armed with a semi-automatic weapon.” But Martinez’s legal professional, Christopher Parente, advised NCS on Monday the federal brokers had been being provocative.
Parente said physique digital camera footage of the incident confirmed a Customs and Border Protection car swerving into his shopper’s automotive, not the opposite method round because the charging doc says. He additionally claimed the video reveals one agent saying to a different, “Do something, b**ch” earlier than participating with Martinez.
“To me, that’s someone looking for a problem,” he stated.
Parente acknowledged Martinez had a handgun in her purse on the time of the incident however says his shopper – who has a concealed-carry license – didn’t brandish it and has no felony document.
NCS has requested the CBP physique digital camera video, however federal authorities haven’t launched it. Parente will not be allowed to share a replica of the video as a result of it’s lined underneath a protecting order from the court docket.
In a criminal complaint, Martinez was described as a part of a “convoy of civilian vehicles” that was “aggressively” following a Chevy Tahoe with three Border Patrol brokers inside by Chicago streets, trying to “box-in the CBP Vehicle.”
After the car was sideswiped by Martinez, in response to an FBI affidavit, a Border Patrol agent exited their SUV and fired on the automotive pushed by Martinez 5 instances.
Martinez drove to a restore store a mile away, in response to the criticism, and known as 911. She was taken by ambulance to a neighborhood hospital, the place a nurse stated she was handled for gunshot wounds, the criticism states. Martinez was later launched from the hospital and is free on a $10,000 bond.
NCS’s Zoe Sottile contributed to this report.