Evidence shows feds lied about Marimar Martinez's shooting in Chicago, attorney says
Marimar Martinez's lawyers say Border Patrol agents lied to justify shooting her five times last fall, in part by claiming they were "boxed in" by a convoy of vehicles that included Martinez's on Chicago's Southwest Side.
Attorneys pointed Wednesday to a diagram drawn by agents of the shooting scene, which was among the records released earlier this week by federal prosecutors. The drawing depicts three vehicles ahead of the agents' Chevrolet Tahoe, in addition to Martinez's Nissan Rogue and a GMC Envoy driven by another man who faced criminal charges.
Video shows the three cars depicted ahead of the Border Patrol Tahoe "don't exist," attorney Christopher Parente said.
"They drew those cars to justify a bad shooting," he insisted during a press conference in the Loop.
"This is a time when we just cannot trust the words of our federal officials," Parente added.
The attorney also disputed claims by Border Patrol agent Charles Exum that Exum fired all five shots at Martinez through her front windshield. Parente said three were fired into the passenger side of her Rogue, a fourth "kicks out the rear passenger window," and a fifth went from the back of her car through the front passenger seat.
Parente and other members of Martinez's legal team told reporters they will pursue a Federal Torts Claim Act complaint against Homeland Security and Exum.
Chicago’s U.S. attorney’s office released evidence Tuesday from the failed case against Martinez. It did so even though it had previously argued that releasing text messages by Exum would “sully” the agent’s reputation.
U.S. District Judge Georgia Alexakis ruled Friday that Martinez could release the evidence, and Martinez had planned to do so during the press conference Wednesday.
Federal prosecutors pre-empted her. Parente called it "ironic that after months of fighting the release of this evidence … the U.S. attorney’s office releases it at the 11th hour in a misguided attempt to take the sting out of just how damaging it is for the government,” he said.
The feds in Chicago initially filed an assault charge against Martinez but dropped it Nov. 20.
In the body-worn camera footage released by the U.S. attorney’s office, Exum appeared to turn his steering wheel to the left, toward Martinez’s car, before the Chevrolet Tahoe he’d been driving collided with Martinez’s Nissan Rogue.
Exum made the move right after agents inside the Tahoe said, “it’s time to get aggressive” and “we’re going to make contact, we’re boxed in.”
After the Tahoe collided with Martinez’s Rogue, an agent could be heard saying “we’ve been struck, we’ve been struck” as Exum gets out of the vehicle. Five gunshots are then heard off-camera.
As the footage continues, another agent climbs out of the vehicle, points his weapon and yells “don’t you f—king move” as he appears to secure the area.
The footage seemed to undermine the initial Homeland Security claim that Martinez and another man “rammed” the Tahoe driven by Exum that also carried the two additional agents. It also appears to support Martinez’s claim that Exum swerved his Tahoe in her direction.
In text messages after the shooting, Exum wrote that his superiors had been supportive, making references to U.S. Border Patrol Cmdr. Gregory Bovino, Border Patrol Chief Michael Banks and Homeland Security Secretary Kristi Noem.
“Big time,” Exum wrote. “Everyone has been including Chief Bovino, Chief Banks, Sec Noem and El Jefe himself … according to Bovino.”
At the press conference Parente said 'El Jefe' appears to be a reference to President Donald Trump.
Exum also shared that someone from Vermont texted him, “good job brother, glad you are unharmed and get to live to tell the story. You are a legend among agents you better f---in know that. Beers on me when I see you at training.”
The day of Martinez’s shooting, Bovino wrote to Exum that, “I’d like to extend an offer for you to extend your retirement beyond age 57 … In light of your excellent service in Chicago, you have much yet left to do!!”
Martinez followed the Tahoe driven by Exum on Oct. 4. She honked her horn, yelled “la migra” and tried to warn people about the agents.
She said she pulled her Rogue beside the Tahoe near 39th and Kedzie, where she said Exum 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 then alleged that Martinez and another man “rammed” Exum’s car.