CHICAGO – A senior Border Patrol official expressed approval for a federal agent’s actions in a shooting incident involving a Chicago woman during last year’s immigration enforcement, as per newly unveiled documents. These were presented by attorneys alleging the Trump administration’s mishandling of the investigation and dissemination of misinformation about the incident.
In the event, Marimar Martinez, a U.S. citizen and teaching assistant, was shot multiple times by a Border Patrol agent while she was in her car last October. Initially, she faced a felony charge after Homeland Security claimed she attempted to run over agents with her vehicle. However, the charges were dropped when video evidence surfaced, showing an agent driving into Martinez’s car.
Martinez’s legal team is calling for transparency by releasing evidence from the now-dismissed criminal case, spurred by the recent fatal shooting of Renee Good, a Minneapolis woman, in similar circumstances.
Her lawyers are pursuing action under a statute allowing lawsuits against federal bodies, highlighting the Department of Homeland Security’s alleged falsehoods about Martinez. These included unfounded claims of her being a “domestic terrorist” and accusations of her “doxxing federal agents,” despite her clean criminal record and the absence of prosecutorial evidence supporting these allegations.
“We are in an era where trusting the statements of federal officials is challenging,” said attorney Christopher Parente during a press briefing where his office disclosed evidence.
This evidence featured a hand-drawn diagram from an agent claiming Martinez had “boxed in” federal agents, a depiction including three vehicles that Parente asserted “don’t exist.”
Many of the emails, text messages and videos were released the night before by the U.S. attorney’s office.
DHS didn’t immediately return a message Wednesday.
The shooting came during the height of the Chicago-area crackdown. Arrests, protests and tense standoffs with immigration agents were common across the city of 2.7 million and its suburbs. Weeks before the Martinez shooting, agents fatally shot a suburban Chicago dad in a traffic stop.
The government unsuccessfully fought the release of the documents, including an email from Gregory Bovino, a Border Patrol commander who led enforcement operations in several cities before he returned to his sector post in California last month.
“In light of your excellent service in Chicago, you have much yet left to do!!” Bovino wrote Charles Exum on Oct. 4.
In an agent group text, others congratulated Exum, calling him a “legend” and offering to buy him beer. In previously released documents, text messages sent by Exum, appeared to show him bragging to colleagues about his shooting skills.
“I fired 5 rounds and she had 7 holes. Put that in your book boys,” the text read.
The latest documents are public now because U.S. District Judge Georgia Alexakis lifted a protective order last week. Federal prosecutors had argued the documents could damage Exum’s reputation. But Alexakis said the federal government has shown “zero concern” about ruining the reputation of Martínez.
On the day Martinez was shot, she had followed agents’ vehicle and honked her horn to warn others of the presence of immigration agents. Body camera footage showed agents with weapons drawn and rushing out of the vehicle.
“It’s time to get aggressive and get the (expletive) out,” one agent said.
Martinez, who sat near her attorneys, was largely silent during the news conference.
She declined an Associated Press interview request. But in recent weeks she has spoken to local media and before lawmakers.
Earlier this month, Martinez testified before congressional Democrats to highlight use-of-force incidents by DHS officers. Members of Good’s family also spoke. Martinez is scheduled to attend President Donald Trump’s State of the Union address this month as the guest of U.S. Rep. Jesus “Chuy” Garcia.
She was hospitalized before being taken into the custody of the FBI, which still has her car. Martinez said the incident has left her with mistrust of law enforcement, which accused her of being armed.
Martinez has a valid concealed-carry license and had a handgun in her purse. Attorneys showed a picture of it in a pink holster at the bottom of her purse, saying it remained there during the encounter.
“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,” she said during her congressional testimony. “The lack of accountability for these actions is deeply troubling.”
Martinez’s attorneys said they’d pursue a complaint under the Federal Tort Claims Act. If the agency denies the claim or doesn’t act on it within six months, they can file a federal lawsuit.
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