Judge Orders Public Release of Evidence in Marimar Martinez CBP Shooting Case

A federal judge has granted a motion to permit the public release of body camera footage and other evidence concerning the case of Marimar Martinez, a Chicago woman who was shot five times by a Customs and Border Protection (CBP) agent last fall. This ruling paves the way for public disclosure of key materials in the ongoing investigation.

Key Details of Evidence Release

U.S. District Judge Georgia Alexakis authorized the disclosure of:

• Body camera footage from CBP agent Charles Exum, who fired the shots, and two other agents.
• FBI reports related to Exum and other agents.
• Audio recording of Martinez's 911 call.
• FBI reports concerning custody and medical treatment.
• Approximately 40 text messages sent by Agent Exum to friends, family, and coworkers after the shooting.

While Agent Exum's body camera was not active during the shooting, Martinez's attorney, Chris Parente, stated that audio of the gunfire will be audible in other released videos. Parente noted, "You can hear five shots within two seconds of him opening the door."

Background of the Incident

Marimar Martinez was shot and wounded by a CBP agent during "Operation Midway Blitz." The government had previously accused Martinez of participating in an "ambush" by ramming CBP agents with her car, but subsequently dismissed the charges in November.

Judicial Remarks and Agent's Statements

Judge Alexakis stated that Agent Exum's text messages offer insight into his view of the shooting and the response from DHS leadership and other government officials, indicating they "bear on his credibility" and "have impeachment value."

One text message from Exum read:

"I fired 5 rounds and she had 7 holes. Put that in your book, boys."

When questioned about this, Exum stated he takes pride in his shooting skills as a firearms instructor.

During the hearing, Judge Alexakis criticized the government's continued allegations against Martinez, despite the dropped charges. The judge highlighted Martinez's status as a U.S. citizen and her presumption of innocence.

Attorney and Victim Statements

Attorney Chris Parente indicated that the released materials are expected to reveal how the government responded immediately after the shooting and will "destroy the credibility of the narrative that she drove at these agents." He also mentioned that government statements labeling Martinez as a "domestic terrorist" remain online.

Martinez recently testified on Capitol Hill, stating:

"I know that being a survivor, it's my duty to be here today to let you elected officials know what is happening on the streets of our country because silence is no longer an option."

She also described still struggling with physical pain and "mental scars" from the incident.

Previously, requests by media organizations to modify a protective order for the footage were denied. The government had argued against the release, citing a pending appeal and the sensitivity of law enforcement data and personal privacy.