New evidence released in Marimar Martinez shooting case

Extensive evidence was released Tuesday regarding the controversial shooting of Marimar Martinez by a Border Patrol agent at the height of Operation Midway Blitz last October, including body-worn camera video showing the tense moments just before their vehicles collided and text messages sent later by the agent joking and bragging about the shooting.

“It’s time to get aggressive and get the (expletive) out of here,” an officer said on body camera video as horns blared on Kedzie Avenue in Brighton Park, where Martinez was following officers around the neighborhood.

Seconds later, the driver, Border Patrol Agent Charles Exum, appears to pull the steering wheel to the left, toward Martinez’s vehicle alongside them. “Know that we have been hit!” » » one of the officers in the vehicle shouts to a dispatcher. Exum then gets out of the vehicle and walks away from the camera and five shots are fired in rapid succession.

The documents, released by the U.S. attorney’s office after a judge agreed to lift a protective order, also included an email to Exum from Border Patrol Cmdr. Gregory Bovino, the now-demoted public face of the Trump administration’s ongoing deportation campaign, praised the officer the afternoon of the shooting.

“Hello,” read the email sent at 3:11 p.m. on October 4. “I would like to suggest that you extend your retirement beyond age 57… In light of your excellent service to Chicago, you have much work to do!! »

Exum, meanwhile, exchanged a series of texts with his wife as well as a group of fellow agents under the name “Posse.” In one, someone Exum identified as “the guy from Vermont” wrote: “Good job bro, glad you’re unharmed and can live to tell the tale.” »

“You’re a legend among agents, you better know that. Beers on me when I see you in practice,” the agent texted Exum, records show.

Martinez’s lawyers, meanwhile, announced Tuesday that they plan to file a civil suit over his shooting. A news conference to discuss the litigation and evidence in the investigation is scheduled for Wednesday morning.

The evidence offered a rare behind-the-scenes look at one of the highest-profile investigations of Operation Midway Blitz, where Trump administration officials, in a playbook that has become familiar in other cities, almost immediately labeled Martinez a “domestic terrorist” after she was shot — an account the government refused to retract even after assault charges against Martinez were dropped.

In agreeing to lift a protective order last week, U.S. District Judge Georgia Alexakis said the federal government had shown “no concern” about ruining the reputation of Martinez, a U.S. citizen and Chicago resident who is presumed innocent under our legal system.

Martinez’s attorney, Christopher Parente, said the evidence showed the Department of Homeland Security’s attempts to defame his client were “absurd.”

“You can’t call an American citizen with no criminal history, who is a teacher at a Montessori school, a domestic terrorist, which is such a loaded word in this country,” Parente said last week.

Prosecutors had alleged that Martinez was part of a convoy of civilians following officers on Oct. 4 when she crashed into Exum’s vehicle near 39th Street and Kedzie Avenue, prompting Exum to jump out of his Chevrolet Tahoe and fire five shots, wounding Martinez seven times.

Martinez’s lawyers argued that it was Exum who hit Martinez and that his extreme use of force was completely unjustified. They also alleged tampering with evidence, saying Exum was inexplicably allowed to drive the Tahoe more than 1,000 miles to his home base in Maine, where a Border Patrol mechanic attempted to “erase” some of the scrapes from the crash.

After charges against Martinez were dropped on November 20, it has since been revealed in court that Martinez’s car was part of a second ongoing criminal investigation into the shooting, which is being conducted by the U.S. Attorney’s Office in South Bend, Indiana.

Later this month, Martinez is expected to attend President Donald Trump’s State of the Union address to Congress as a guest of U.S. Rep. Jesús “Chuy” Garcia, a Chicago Democrat.

This is a developing story. Check back for more details.