An attorney representing a Chicago woman who was shot by a federal agent in the fall said the government is not telling the truth about her case and directed the public to look at newly released evidence to see for themselves.
“We live in a strange time right now. We cannot trust our federal government,” attorney Chris Parente said.
Parente represents Marimar Martinez, a Chicago Montessori teacher who was shot several times by Border Patrol Agent Charles Exum on October 4 last year.
Federal agents claim she and another man boxed them in with their vehicles and then rammed their SUV before agent Charles Exum shot her.
Late Tuesday night, the US Attorney’s office released a trove of evidence related to the shooting, including body camera video from those officers inside their vehicle.
On the video, one of the officers and be heard saying, “it’s time to get aggressive and get the [expletive] out of here.”
Thirty seconds later, another officer calls in that “we’ve been struck” then shots can be heard.
Hours later, the Department of Homeland Security’s website and Secretary Kristi Noem labelled Martinez a “domestic terrorist.
In an attempt to clear Martinez’s name, her attorneys filed a multi-million civil lawsuit on her behalf on Tuesday.
“To have your own government call you something as hurtful as a domestic terrorist when you know you are not, is simply unacceptable,” Parente said.
The government released three body camera videos and more than 200 pages of photos and texts that attorneys said paint a picture of a “culture of violence” within Operation Midway Blitz.
The texts show messages between Agent Exum, and his so-called “posse” in which Exum is praised by his fellow agent for the shooting. One of them called him a “legend.”
Another email from Exum’s supervisor, then “Operation Midway Blitz” chief Greg Bovino praised him and offered to extend his mandatory retirement at 57 “in light of [his] excellent service in Chicago.” The email was sent approximately 4 hours after Exum shot Martinez.
“She is in the hospital and they don’t know if she is going to live or die and this guy is emailing the agent without any investigation being done yet promoting him…extending his retirement,” Parente said.
A spokesperson for CBP said for the first time on Tuesday that Agent Exum was placed on administrative leave, a move that is “consistent with policy.”
“CBP is committed to the highest standards of conduct, transparency, and accountability. All significant use-of-force incidents are thoroughly investigated, reviewed, and presented to the National Use of Force Review Board (NUFRB), an independent body comprised of senior CBP officials and representatives from DHS and DOJ, including the DOJ Civil Rights Division,” the spokesperson said in the statement sent Tuesday.
In November, all charges against Martinez were dropped. She has since testified before Congress about the shooting.
“As I continued to drive past the Border Patrol agents, I could hear my back passenger window shatter, and I felt bullets continue to pierce my body,” she said at the hearing before a committee looking into allegations of excessive violence against immigration enforcement agents. “As I attempted to drive to a safe location, I began to feel lightheaded. I looked down and saw blood gushing out of my arms and legs and realized I had been shot multiple times.”
Since the dismissal, the government has refused to retract its original statements and press releases saying, “the facts of what happened have not changed.”
Martinez attorneys said the Brighton Park woman was among those who honked their car horns to warn neighbors about ICE, and that she did carry a licensed, holstered gun in the bottom of her purse. However, they deny that she tried to attack the officers. They pointed to bullet holes that pierced her windshield and blew out her back window…where a bag of clothes was on her way to donate can be seen.
Now, Martinez is planning to bring a civil suit against that officer and his supervisors.
Such cases can be difficult and usually start with a federal torts claim that must be approved by the Justice Department.
Attorney Mike Gallagher said he has confidence that Martinez will find justice in Chicago’s Federal courts. He added that Exum will be held accountable monetarily and he plans to ask for damages “in the tens of millions.”
Martinex herself did not speak at the Wednesday news conference. But she did address one question about her being afraid.
“I am not afraid of anyone,” she said in Spanish. “The only thing I fear is God.”
Later this month, Martinez will attend the President’s State of the Union Address as a guest of Democratic Congressman Jesus “Chuy” Garcia.
