Federal judge will let Marimar Martinez release text messages sent by Border Patrol agent who shot her

A federal judge said Friday she'll allow the release of text messages sent and received by the Border Patrol agent who shot Marimar Martinez of Chicago in October, noting in her ruling that the Trump administration showed "zero concern about the sullying of Ms. Martinez's reputation."

U.S. District Judge Georgia Alexakis says the text messages from agent Charles Exum "provide insight into his perspective of the shooting. They bear on his credibility. They provide insight into how others within [Homeland Security] leadership and within other government entities responded to the shooting."

She pointed to the government's lack of concern for Martinez after prosecutors said the release of text messages could "sully" Exum's reputation.

"[Marimar Martinez] is a United States citizen," Alexakis said. "She's a resident of this district. And under our legal system — it bears repeating — she is presumed innocent of any offense of which she has not been convicted."

Federal prosecutors filed an assault charge against Martinez after her Oct. 4 encounter with Exum. The feds dropped the case Nov. 20. However, Homeland Security has yet to rescind its past comments that Martinez is a "domestic terrorist."

Christopher Parente, Martinez's attorney, said the text messages and other evidence could be released as soon as Monday. Alexakis said her ruling was premised on the idea that "the names of third parties will be redacted."

Assistant U.S. Attorney Ronald DeWald repeatedly told the judge he was "optimistic" details about the release could be worked out with Martinez's legal team. However, Parente told Alexakis during Friday's hearing that prosecutors were "no longer responding" to him. In a fiery court filing Thursday, he accused Chicago U.S. Attorney Andrew Boutros' office of being "active enablers of an out-of-control client."

DeWald denied during Friday's hearing that Homeland Security is a client of the U.S. attorney's office.

"They can't tell us what to do," DeWald said. "We can't tell them what to do."

Martinez is a teacher’s assistant at a Montessori school. On Oct. 4, she followed a Chevrolet Tahoe driven by Exum, which also carried two additional Border Patrol agents. Martinez honked her horn, yelled “la migra” and tried to warn people about the agents.

She told the Sun-Times and WBEZ this week that things changed after about 20 minutes, once she pulled her Nissan Rogue beside Exum’s Tahoe near 39th and Kedzie. She said he swerved toward her Rogue and their vehicles swiped each other.

Martinez said she stopped her Rogue but feared being “manhandled” by the agents, so she drove away. She said she drove to her “farthest left,” to avoid the agents climbing out of their vehicle on her right. But as she passed, she said Exum opened fire.

She pulled over at a repair shop, was taken to a hospital and eventually into federal custody. Authorities initially alleged that Martinez and another man “rammed” Exum’s car.

This is a developing story. Check back for updates.