Federal prosecutors have disclosed body-worn camera footage and other documents in the case involving a Chicago woman who was shot several times by a Border Patrol agent during an immigration enforcement operation last fall. The materials, made public late on Tuesday by the U.S. Attorney's Office in Chicago, include video, emails and other records that cast doubt on the Department of Homeland Security's initial description of the event.
Shortly after the shooting, DHS issued a statement saying that Marimar Martinez, a U.S. citizen, had rammed the agents with her car. The newly released footage suggests the possibility that agents struck her vehicle themselves, rather than being rammed, and contains recorded discussions among agents just before the vehicles made contact.
Martinez, a Montessori school teacher in Chicago, was following Border Patrol agents on October 4 in an effort to alert neighborhood residents to their presence when the collision occurred. In the bodycam video released by prosecutors, one agent can be heard shouting "do something, bitch" shortly before the vehicles touched. Another agent inside the vehicle driven by an agent identified as Exum said they were being boxed in. "It’s time to get aggressive," he said in the recording, adding "we’re going to make contact."
After the vehicles made contact, Exum exited the vehicle and fired five rounds. Martinez then drove away and was later transported by ambulance to a local hospital.
The Department of Homeland Security's statement issued in the wake of the shooting characterized Martinez as having "ambushed" the Border Patrol vehicle and said that an agent had fired in self-defense. Martinez, 31, was indicted on a charge of impeding a federal officer; those charges were dropped in November. However, DHS's public statement labeling her a "domestic terrorist" has remained online.
Martinez sought the release of the evidence following the fatal shootings of protesters Renee Good and Alex Pretti in Minneapolis last month by federal immigration agents, and to challenge the public characterization of her conduct, her lawyer Christopher Parente said on Tuesday. Parente also said Martinez intends to file a civil lawsuit.
Details in the released materials further illuminate the moments leading up to and following the collision. The footage shows agents, including Exum, inside a Border Patrol vehicle while protesters outside honked their horns. In the seconds before the collision, an agent can be heard saying, "We’re gonna make contact and we are boxed in," immediately before the video shows Exum, at the wheel, sharply turning the steering wheel to the left.
Following the impact, the agent wearing the body camera reported into a radio, "Be advised we’ve been struck, we’ve been struck." Exum then opened his vehicle door with his weapon drawn, according to the video recordings.
Evidence disclosed during Martinez’s court proceedings included records indicating that Exum had driven the vehicle—a Chevrolet Tahoe—back to his base in Maine, and that a Customs and Border Protection mechanic made repairs before defense representatives could examine the vehicle.
Text messages from Exum that surfaced in court proceedings included a message in a group chat with other agents in which he appeared to boast about his marksmanship: "I fired 5 rounds and she had 7 holes. Put that in your book, boys," the message reads.
The records released on Tuesday also included an email sent on the afternoon of the shooting by Border Patrol official Gregory Bovino. Bovino, who was later demoted from his post as commander-at-large overseeing operations in Los Angeles, Chicago and Minneapolis following the death of Alex Pretti, thanked Exum for his "excellent service" in Chicago and suggested the agent delay retirement. "You have much left to do!" he wrote.
The U.S. Attorney’s Office said the materials were released after a district court judge concluded that the government had shown "zero concern" about Martinez’s reputation. The newly public records provide a fuller account of the communications and actions inside the Border Patrol vehicle and have prompted questions about how the incident has been portrayed by federal officials.
Martinez’s attorney has signaled plans for further legal action. The disclosure of the video and other records, and the questions they raise about the official narrative, may influence any civil litigation and ongoing public scrutiny of federal immigration enforcement operations.