In a news conference, attorneys for a Chicago woman shot by a Border Patrol agent during an immigration crackdown last year released records they said show the federal government mishandled the investigation and spread misinformation about how the shooting unfolded. They said the materials also contradict the federal narrative that Marimar Martinez tried to ram agents with her vehicle.
Martinez, a teaching assistant and U.S. citizen, was shot five times by a Border Patrol agent in October while in her vehicle, according to the attorneys’ description. Federal officials accused her of trying to ram agents, and she was charged with a felony, but prosecutors later dismissed the case after videos emerged that the attorneys said showed an agent steering his vehicle into Martinez’s vehicle.
The attorneys released the records on Wednesday, saying they were motivated in part by what they described as similar failures involving a federal shooting in Minneapolis, where a federal agent fatally shot Renee Good under comparable circumstances. Christopher Parente, an attorney for Martinez, said in remarks at the news conference, “This is a time where we just cannot trust the words of our federal officials.”
Parente and other attorneys said the evidence release included an agent’s hand-drawn diagram meant to show how Martinez “boxed in” federal agents. They also said the materials included vehicles that Parente said “don’t exist,” along with emails, texts and videos released the night before by the U.S. attorney’s office.
Martinez’s lawyers also said the government’s conduct extended beyond the shooting itself, pointing to what they described as DHS inaccuracies in documents released after the incident. They said DHS labeled Martinez a “domestic terrorist” and accused her of having a history of “doxxing federal agents,” and they said prosecutors have not presented evidence to support those claims.
The attorneys said they were pursuing a complaint under a federal law that allows individuals to sue federal agencies. They said the case is under the Federal Tort Claims Act, and they said they could file a federal lawsuit if the agency denies the claim or does not respond within six months.
U.S. Customs and Border Protection said in a statement Wednesday that use-of-force incidents are “thoroughly investigated” and that the agent involved, Charles Exum, was placed on administrative leave. The attorneys said the government unsuccessfully fought to prevent the documents from being made public, including an email from Gregory Bovino, a Border Patrol commander who led enforcement operations nationwide before returning to a previous posting in California last month.
According to the records the attorneys released, Bovino wrote Exum on Oct. 4, “In light of your excellent service in Chicago, you have much yet left to do!!” Attorneys also said an agent group text congratulated Exum, calling him a “legend” and offering to buy him beer, and that previously released documents showed texts in which Exum appeared to brag about his shooting skills.
One of the texts Parente’s group highlighted from documents they previously received included the line, “I fired 5 rounds and she had 7 holes. Put that in your book boys.” Attorneys said the latest documents became public after a federal judge lifted a protective order last week, and they said U.S. District Judge Georgia Alexakis ruled the government showed “zero concern” about ruining Martinez’s reputation.
Attorneys said Martinez had followed agents’ vehicles and honked her horn to warn others about immigration agents on the day she was shot, and they said body camera footage showed agents with weapons drawn rushing out of a vehicle. They also said one agent told others, “It’s time to get aggressive and get the (expletive) out.”
Martinez, who sat with her attorneys during the news conference, was largely silent and declined an Associated Press interview request, according to the report. The attorneys said she has spoken to local media and before lawmakers in recent weeks, including congressional testimony meant to highlight use-of-force incidents by DHS officers.
Martinez told lawmakers she believed the shooting raised concerns about fairness and discrimination. She said in testimony, “They are not targeting the worst of the worst, they are targeting individuals who fit a certain profile, who simply have a certain accent, or a non-white skin color just like mine. This raises serious concerns about fairness, discrimination, and abuse of authority,” and she added, “The lack of accountability for these actions is deeply troubling.”
Attorneys said Martinez has a valid concealed-carry license and had a handgun in her purse, and they said she kept it in a pink holster at the bottom of her purse during the encounter. They also said Martinez was hospitalized and later taken into custody of the FBI, which still has her car, and that she has said the incident left her with mistrust of law enforcement.
The shooting came during a period of heightened Chicago-area enforcement that included arrests, protests and tense standoffs with immigration agents, according to the report. Weeks before the Martinez shooting, agents fatally shot a suburban Chicago dad in a traffic stop, the report said.