Newly released authorities proof from final 12 months’s Border Patrol shooting of a Chicago woman revealed physique digital camera footage from the shooting, beforehand unseen text messages from the agent who shot her and reward from the then-top Border Patrol official simply hours after the incident. The paperwork had been released by federal prosecutors Wednesday.
A choose ordered the discharge final week, clearing the best way for key proof within the case to be made public, together with physique digital camera footage, text messages and emails. Charges have been dropped in opposition to the woman, however within the wake of two lethal shootings by federal brokers in Minneapolis – during which video proof appeared to contradict some statements made by the Trump administration – she and her legal professional say it’s vital for the general public to see this proof.
Marimar Martinez, a 30-year-old American citizen, survived being shot a number of instances by a Customs and Border Protection agent after her automobile and a CBP SUV collided amidst the immigration crackdown in Chicago – named Operation Midway Blitz – on October 4.
Federal prosecutors, alleging she rammed the agent’s automobile, charged her with assaulting, resisting or impeding federal officers. Martinez acknowledged she had been following Border Patrol autos earlier than she was shot however denied any wrongdoing.
The authorities’s case dramatically fell apart a month later as Judge Georgia Alexakis dismissed the case at prosecutors’ request, saying the federal government’s dealing with of it had prompted her “to question the narrative being put forward.”
“It matters that people can actually see the real evidence, as opposed to the false claims by our government,” Martinez’s legal professional, Christopher Parente, mentioned in a information convention Wednesday.
Charles Exum, the agent who shot Martinez, has been positioned on administrative depart “consistent with policy,” a CBP spokesperson advised NCS on Wednesday.
“CBP is committed to the highest standards of conduct, transparency, and accountability,” the company mentioned within the assertion.
“All significant use-of-force incidents are thoroughly investigated, reviewed, and presented to the National Use of Force Review Board (NUFRB), an independent body comprised of senior CBP officials and representatives from DHS and DOJ, including the DOJ Civil Rights Division,” the assertion continued.
When requested for remark concerning the launch of the proof, the Department of Homeland Security referred NCS to the Justice Department.
The newly released proof consists of physique digital camera footage from one of the brokers within the Border Patrol automobile that collided with Martinez’s automobile. It exhibits brokers within the federal authorities’s Chevy Tahoe with weapons drawn moments earlier than the shooting.
“Camera’s on,” an agent could be heard saying, with a lot of the bodycam video seen by means of the set off guard of a lengthy firearm the agent is holding.
“Do something, b*tch,” one agent is heard saying, over the sound of repeated honking from exterior the SUV.
“It’s time to get aggressive and get the f**k out, because they’re trying to box us in,” an agent says, seconds earlier than the driving force could be seen turning the wheel sharply to the left. The bodycam jostles, the automobile stops and brokers are heard saying, “we’ve been struck,” apparently reporting the collision to dispatch.
The driver exits the SUV, and gunshots are heard roughly two seconds later. The agent carrying the physique digital camera will get out of the automobile seconds later, although he doesn’t seem to face the course of Martinez’s automobile.
Newly released Customs and Border Patrol bodycam video exhibits the October 4 shooting in Chicago.
Exum had a physique digital camera, Parente mentioned, emphasizing the truth that it was not turned on on the time of the shooting.
“All of this could have been avoided, because you would have clearly seen that she never drove at this agent and that he shot her as she went by, but Agent Exum never bothered to turn on the camera that the government paid for him to have,” Parente mentioned on the information convention Wednesday.
The legal professional additionally mentioned proof he says contradicts the federal government’s account of the shooting, together with an X post from FBI Director Kash Patel claiming to point out a video from the encounter between Martinez and the CBP. The submit really confirmed a completely different Chicago-area incident that had no connection to Martinez.
“Within an hour of the actual incident, DHS branded her a domestic terrorist – the same thing they did to Renee Good, the same thing they did to Mr. Pretti,” he mentioned, referencing the 2 individuals who had been killed by federal brokers in Minnesota final month.
Among the proof released by prosecutors is an electronic mail from high Border Patrol official Gregory Bovino, who emailed Exum hours after the shooting, providing to delay his retirement past the agency’s customary 57-year-old retirement age “in light of your excellent service in Chicago.”
“You have much yet left to do!!” he added. Bovino has since left his project main the federal immigration operation in Minnesota after President Donald Trump introduced he was dispatching White House border czar Tom Homan in his stead final month.
Parente famous it appeared the change came about whereas Martinez was hospitalized, when “they don’t know whether Marimar is going to live or die,” arguing that it doesn’t line up with the respect for human life coverage that ICE promotes.
In one text change, Exum responds to a query about whether or not he has obtained help, replying, “big time.”
“Everyone has been including Chief Bovino, Chief Banks, Sec Noem and El Jefe himself…according to Bovino,” the text reads.
Parente mentioned Wednesday that his group believes “El Jefe” is a reference to Trump.
Exum exchanged messages in different chats saying, “Awe, I cry,” and “That hurt my feeling,” in response to a text that Illinois Gov. JB Pritzker “is saying bad things about you this morning.”
Among Exum’s texts are messages of help, together with one calling him a “legend among agents.”
“Beers on me when I see you at training,” one other message mentioned.
Parente mentioned the proof, which incorporates images of Martinez’s automobile, exhibits not less than one bullet traveled from the again to the entrance of his shopper’s automobile, contradicting Exum’s declare that he fired 5 photographs by means of the windshield of Martinez’s automobile.
“It’s also extremely troubling that he’s shooting at a fleeing vehicle, which is a violation of the Border Patrol’s published use of force policy,” the legal professional mentioned.
Martinez’s request to place all of the federal government’s proof into the general public eye comes because the Trump administration faces intense criticism for dashing out narratives within the deadly shootings of US residents Renee Good and Alex Pretti in Minneapolis that gave the impression to be contradicted by video.
The administration’s framing of the lethal shootings in Minneapolis was half of the motivation for the request to change the protecting order within the case and launch the proof, mentioned Parente.
“Ms. Martinez believes certain information disclosed in her case, and currently subject to the Protective Order, would be useful for both the public and elected officials to know regarding how DHS responds in cases where their agents use deadly force against US citizens,” wrote Parente, who additionally mentioned he plans to announce a civil lawsuit arising from the shooting.
DHS initially mentioned Martinez intentionally rammed her automobile into an unmarked CBP automobile, prompting Exum to exit his automobile and open hearth defensively. Martinez alleges the federal authorities’s SUV sideswiped her automobile, and Exum opened hearth regardless that she intentionally turned to keep away from him as soon as he obtained out of his automobile. She was hit within the arm and leg as she drove away.
Martinez “was armed with a semi-automatic weapon,” DHS spokesperson Tricia McLaughlin posted October 4 on X. But Parente advised NCS the weapon was a licensed handgun Martinez saved in her purse and didn’t contact in the course of the incident; an account by no means disputed by authorities attorneys in court docket.
The DHS deal with Martinez being an armed protester was mirrored controversially within the deadly shooting of Pretti, with administration officers repeatedly suggesting his possession of a gun whereas protesting made him inherently harmful to officers. Multiple movies of the altercation didn’t present Pretti ever brandishing or reaching for the weapon.
DHS maintains Martinez ‘attacked law enforcement’ as legal professional decries reputational hurt
In the Martinez case, the choose skeptically questioned a number of elements of the federal government’s use of drive, noting the agent had bragged concerning the shooting in a text message.
“I fired 5 rounds, and she had 7 holes. Put that in your book boys,” Exum wrote to colleagues.
In court docket, Exum tried to clarify the text messages, “I take pride in my shooting skills,” he mentioned.
The agent additionally defended his use of drive in opposition to Martinez, saying his life was in danger.
“I did what I had to do,” he advised the court docket.
“That means illegal actions have legal consequences.”
Judge Alexakis was infuriated by the federal government’s choice to launch the agent’s broken automobile from impound days after the shooting, permitting Exum to drive it house to Maine – greater than 1,000 miles from the scene – earlier than protection attorneys may look at it.
Martinez’s legal professional mentioned releasing the proof gathered within the case was essential to “combat the continuing harm” to his shopper’s status.
The choose declined to order the discharge of Flock camera footage – outside cameras that may learn license plates and establish different particulars about autos as they drive by.
That footage, Parente mentioned, is much less paramount than an admission from the US Attorney’s Office and DHS saying Martinez is just not a home terrorist and that they made a mistake.
DHS has by no means retracted its public accusations in opposition to Martinez, referring questions concerning the choice to drop the case to the Justice Department. Although McLaughlin acknowledged the video publicized by Patel was incorrect, she once more in January described Martinez and co-defendant Anthony Ian Santos Ruiz, who was driving a completely different automobile, as “domestic terrorists,” CBS News reported.
Martinez will attend Trump’s State of the Union handle on February 24 as a visitor of Illinois Democratic Rep. Jesús “Chuy” García, Parente mentioned in a court docket submitting final week.
McLaughlin advised NCS in a assertion it’s “shameful” García plans to convey Martinez to the State of the Union, once more accusing her of being “a known doxxer who attacked law enforcement,” and calling Martinez and Ruiz “rioters.”
“It’s unfortunate to see someone who has sworn an oath to uphold the Constitution demonize federal law enforcement and prioritize politics over public safety with his guest decision,” mentioned McLaughlin.
Martinez’s authorized group mentioned they intend to file a declare in opposition to the federal government. She was hospitalized within the aftermath of the shooting, and nonetheless suffers from ache and has restricted “use of her hand” and legs, Parente mentioned.
“We’ll be asking for damages in the tens of millions of dollars, when we do get our day in court,” legal professional Michael Gallagher mentioned Wednesday.