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"We live in a strange time right now where we cannot trust our federal government," said Martinez's lawyer.
Newly released evidence shows that the Department of Homeland Security lied about the shooting of yet another US citizen.
In October, a Border Patrol agent shot Marimar Martinez, a 30-year-old school assistant, five times while she was in her vehicle in the Brighton Park neighborhood of Chicago. She had been tailing agents while warning the neighborhood that “la migra” was coming.
Immediately after the shooting, DHS leapt to defend the agent who shot Martinez, Charles Exum. The agency claimed in an incident report that Martinez was blocking agents and had "rammed" them with her car. The agency described her as a "domestic terrorist."
Martinez, who survived the shooting, was charged with assaulting officers and pleaded not guilty.
The government's case was fatally undermined in November when it was revealed during a hearing that Exum had bragged to friends about injuring Martinez over text message: “I fired five rounds, and she had seven holes. Put that in your book, boys," he said.
Martinez's lawyers also said body camera footage—kept under seal by a federal protective order—showed a different series of events from what the agency had portrayed.
In November, federal prosecutors dropped the case against Martinez without explanation. But even afterwards, federal officials have continued to label her as a terrorist.
"This is before there’s any investigation done," said her attorney Chris Parente, who has argued that the public should be able to view the evidence for itself.
On Wednesday, the US Attorney’s Office in Chicago released body camera footage from two other agents involved in the incident—Adam J. Perkins and Lorenzo Cordero—as well as dozens of Exum's other emails and text messages from the incident's aftermath.
Parente, who presented the evidence in a press conference on Wednesday alongside Martinez and her other lawyers, said that with the release, “People can actually see the real evidence as opposed to the false claims by our government.”
He said the release after several months of keeping the footage buried was a "misguided attempt to take the sting out of just how damaging it is for the government.”
Block Club Chicago, which reviewed the body cam footage, explained that it "counters the incident report’s narrative" that Martinez had been the aggressor. Rather, it shows that she was attempting to drive away and that agents chose to ram her.
It shows Cordero and Perkins with weapons drawn and pointing out the rear passenger window about one minute before the collision and shooting of Martinez.
The phrase “it’s time to get aggressive” and “we’re going to make contact, we’re boxed in,” can be heard by one of the three agents before Exum is seen yanking his steering wheel to the left and hitting Martinez’s car.
After the collision, Exum is seen getting out of the car and firing five shots within two seconds.
The body camera footage verifies claims made by Martinez's attorneys, who said that after drawing their weapons, one of the agents could be heard saying, "Do something, bitch."
It also provides support to attorneys’ claims about text messages sent by agents after the shooting. Exum is seen bragging about the shooting, calling it a “great new scenario to add to our training.” Other agents sent messages praising him: One called him “a legend among agents.” Another said, “Good job, brother, glad you’re unharmed.” A third said, “Beers on me.”
Exum replied with the phrase "Fuck around and find out," which has been an oft-used slogan within the Trump administration to justify killings by law enforcement and the military.
Exum also discussed the "big time" support he was getting from top Trump administration officials. He said "everyone" had been "supportive," including then-Border Patrol Commander at Large Gregory Bovino, Border Patrol Chief Mike Banks, Homeland Security Secretary Kristi Noem, and even "El Jefe himself," likely referring to President Donald Trump.
Less than four hours after the shooting, Exum received an email from Bovino, who offered to extend his retirement age beyond 57 and praised his "excellent service to Chicago."
On Wednesday, the same day the new evidence was released, a Customs and Border Protection spokesperson told the Chicago Sun-Times that Exum has now been placed on administrative leave. They did not clarify how long the leave would last or when it began.
Parente said the smearing of Martinez as a terrorist fits a pattern that the Trump administration has since used to justify other shootings by agents.
"We live in a strange time right now where we cannot trust our federal government," he said. “Within an hour of the actual incident, DHS branded [Martinez] a domestic terrorist. The same thing they did to Renee Good. The same thing they did to Mr. [Alex] Pretti,” referring to two other US citizens shot and killed last month by agents in Minneapolis.
Martinez has announced plans to sue the federal government and Exum for "tens of millions of dollars," citing physical injuries to her right leg, right forearm, and chest; reputational damage; and emotional harm.
During a hearing earlier this month on Capitol Hill about the violent use of force by DHS agents, she described the shooting as an attempted "execution."
"I looked down and noticed blood gushing out of my arms and legs, and I realized I'd been shot multiple times," she said. "What happened to me in a matter of seconds on October 4th will unfortunately be with me for a lifetime."
US attorneys offered no justification for their sudden decision to dismiss the case.
Federal prosecutors on Thursday moved to drop criminal charges against Marimar Martinez, a woman who was shot multiple times by a US Border Patrol agent last month in Chicago's Brighton Park neighborhood.
As reported by local news station WTTW, prosecutors filed a one-page motion asking the court to dismiss the indictment against both Martinez and Anthony Ian Santos Ruiz, who had been accused of assaulting a federal immigration officer by intentionally ramming their vehicle into the officer's car.
The US attorneys who filed the motion to dismiss offered no further explanation for their decision to drop the case.
In the indictment, prosecutors alleged that Martinez and Ruiz were part of a larger group of people in cars that was trailing immigration officers' vehicles as they conducted operations in Brighton Park.
Prosecutors said that the Border Patrol agent who shot Martinez had been acting in self-defense, and that he had only opened fire after Martinez's car collided with his vehicle.
However, recently uncovered text messages showed the Border Patrol agent apparently bragging about shooting Martinez, as he boasted that he "fired five rounds and she had seven holes" in a message sent to fellow agents.
An attorney representing Martinez claimed last month that he had seen body camera footage that directly undermined the US Department of Homeland Security's claims about how the shooting unfolded.
Gregory Pratt, an investigative reporter at the Chicago Tribune, said the dismissal of the case was yet more evidence that the Trump administration's aggressive immigration enforcement operations appear to be backfiring.
"This follows several dropped prosecutions against protesters," he wrote on Bluesky. "To say the immigration raids have been all around mess is an understatement."
Why are members of Congress, with so few exceptions, so short on ideas for fighting back against Trump's manifold abuses of power?
On October 23, Illinois Gov. JB Pritzker filed an executive order establishing a state commission charged with recording abuses inflicted by federal agents sent to tyrannize the streets of Chicago during President Donald Trump’s tellingly named “Operation Midway Blitz.” The point of the new commission was to give the abused somewhere to go with their bruises, smashed windows, and shattered lives, and to compile evidence that could be brought to bear in checking the abuse, and perhaps even (at some point) punishing it.
It is this last point, not made explicit in the executive order, that I find so encouraging about Pritzker’s executive order. It puts the Trump administration on notice that their days of reckless self-indulgence are numbered and that a case against them is being compiled.
Not only does Pritzker’s List send a message. It gives people something, if only a very little thing, to do. It reminds the abused citizens of Chicago that they, not the camouflaged out-of-state goons patrolling their streets, are in charge, and that they have a personal role to play in taking those streets back.
All of which causes me to wonder: Where are the JB Pritzkers of Washington DC? Why are members of Congress, with so few exceptions, so short on ideas—good at “pearl clutching” in response to the president’s manifold abuses of power (here, for once, Donald Trump isn’t lying), but so clueless about fighting back? Where, for example, is the commission that Senate democrats have set up to compile evidence of criminal abuses of power in Pete Hegseth’s extrajudicial killings off the coasts of Columbia and Venezuela? How have they not gotten around to founding it?
Had someone with a backbone and big ideas taken the lead in DC, they might have come up with a plan that would both hit back at the Republicans for their cruelty and bring some real benefit to those affected by it.
In fact, dozens of such commissions are needed to collect evidence of criminal malfeasance, and to create a public record of the dates, times, and details of the crimes, from those working in the Department of Justice, the Department of Homeland Security, the Department of Health and Human Services, and so on. All have been dragooned into abusing rights, flouting the Constitution, and telling Trump’s lies. If nothing else, the very existence of such de facto grand juries, organized by elected officials and helped by the efforts and evidence of affected citizens, will put the Trump administration on notice that a case against it is being compiled.
But Democrats don’t operate this way. They tell us that the midterms are looming, that something good is bound to happen in a year’s time, so “Donate Now”—as if we had that kind of time to waste, and as if there were nothing that they should be doing for us, and with us, right now.
Evidence of the DC Democrats’ well-meaning incompetence was on full display in their recent handling of the government shutdown. To their credit, they did manage to make Donald Trump look mean-spirited (as if that needed emphasizing), but the final cave-in made them look weak and, yet again, satisfied with just getting by, without a plan. The whole initiative ended up imploding because it depended on saner heads prevailing among the Republicans, and that was never going to happen.
With no Pritzker in sight, the dearth of ideas really showed. Had someone with a backbone and big ideas taken the lead in DC, they might have come up with a plan that would both hit back at the Republicans for their cruelty and bring some real benefit to those affected by it. The federal healthcare subsidies were scheduled to expire. Given the Republicans’ determination to see them dead, they were beyond rescue. So why not let Republicans bake that poisoned cake, then force them to eat it!
Here's how it might have worked. Subsidies expire and healthcare costs soar. That’s entirely on them. As a counter move, and to actually help those in need, Democrats could have undertaken to set up funds (via a consortium of state-sponsored and charitable efforts) to help those affected deal with, and cover at least some of, their soaring costs. But, in doing so, they could also make clear up front that this aid is temporary, merely a stop-gap measure, and that the charitable subsidies will expire, say, six weeks before the midterm elections next fall. They would then assure those depending on these subsidies that further help is both wanted and can be expected after the elections, but only if those in the House and Senate who supported Trump’s “Big, Beautiful Bill” are voted out of office—“Oh, and here, by the way,” they would add, “are the names of those who voted for it.”
Now that would be hardball! But DC Democrats have nothing like this up their sleeve. They are quicker to tell you why any such plan could never work than to come up with one that can. But there are some out there, such as Pritzker with his list, who are writing a new playbook, one to “get going on” right now, based on fighting back, getting things done, and giving Trump and his conspiracy of fools far more to worry about than they can handle.