CHICAGO — Border Patrol commander Gregory Bovino praised a federal agent who shot a Chicago woman during an immigration crackdown last year, according to evidence released Wednesday by attorneys who accused the Trump administration of mishandling the investigation and spreading lies about the shooting.
Marimar Martinez, a teaching assistant and U.S. citizen, was shot five times by a Border Patrol agent in October while in her vehicle. She was charged with a felony after Homeland Security officials accused her of trying to ram agents with her vehicle. But the case was dismissed after videos emerged showing an agent steering his vehicle into Martinez's vehicle.
Her attorneys pushed to make evidence in the now-dissolved criminal case public, saying they were especially motivated after a federal agent fatally shot Minneapolis woman Renee Good under similar circumstances.
Martinez's attorneys are pursuing a complaint under a law that permits individuals to sue federal agencies. They outlined instances of DHS lying about Martinez after the shooting, including labeling her a “domestic terrorist” and accusing her of having a history of “doxxing federal agents.” The Montessori school assistant has no criminal record and prosecutors haven't brought evidence in either claim.
“This is a time where we just cannot trust the words of our federal officials,” attorney Christopher Parente said at a news conference where his office released evidence.
That included an agent’s hand-drawn diagram of the scene to allege how Martinez “boxed in” federal agents. It included vehicles Parente said “don’t exist.”
Many of the emails, texts and videos were released the night before by the U.S. Attorney's Office.
In a statement Wednesday, U.S. Customs and Border Protection said use-of-force incidents “are thoroughly investigated” and the agent involved, Charles Exum, was placed on administrative leave.
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 document release, including an email from Bovino, who led enforcement operations nationwide before he returned to his previous post in California last month.
“In light of your excellent service in Chicago, you have much yet left to do!!” Bovino wrote 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, Exum's text messages 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 argued the documents could damage Exum's reputation. But Alexakis said the government has shown “zero concern” about ruining Martinez's reputation.
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. 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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