Lawyers for a Chicago woman shot by federal agents say documents show how the Department of Homeland Security is lying about investigations
CHICAGO (AP) — Border Patrol Chief Gregory Bovino praised the federal agent who shot a Chicago woman during an immigration crackdown last year, according to evidence released Wednesday by lawyers who accused the Trump administration of mishandling the investigation and spreading lies about the shooting.
Marimar Martinez, a teaching assistant and US citizen, was shot five times by a Border Patrol agent in October while she was in her car. She was charged with a felony after Homeland Security officials accused her of trying to run over agents with her car. But the case was dismissed after videos surfaced showing an agent directing his car at Martinez’s car.
Her lawyers sought to introduce evidence in the now-resolved criminal case, saying they were particularly motivated after a federal agent shot a Minneapolis woman, Renee Judd, under similar circumstances.
Martinez’s attorneys are pursuing a complaint under a law that allows individuals to sue federal agencies. They outlined examples of Homeland Security lying about Martinez after the shooting, including calling her a “domestic terrorist” and accusing her of having a history of “investigating federal agents.” The Montessori school aide has no criminal record and prosecutors did not present evidence in either allegation.
“This is a time when we cannot trust the words of our federal officials,” attorney Christopher Parente said at a news conference where his office released the evidence.
This included a hand-drawn sketch of the scene to allege how Martinez was “cornered” by federal agents. It included vehicles that Parente said “do not exist.”
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Numerous emails, texts and videos were released the night before by the US Attorney’s Office.
US Customs and Border Protection said in a statement on Wednesday that use-of-force incidents are “thoroughly investigated,” and the agent involved, Charles Exum, has been placed on administrative leave.
The shooting came at the height of a crackdown in the Chicago area. Arrests, protests and tense confrontations with immigration officials were common throughout the city of 2.7 million and its suburbs. Weeks before Martinez was shot, agents fatally shot a suburban Chicago father at a traffic stop.
The government has unsuccessfully resisted release of the document, including an email from Bovino, who led the nationwide implementation before returning to his previous post in California last month.
“With the excellent service you provide in Chicago, there is still a lot to do!!” Bovino Exum wrote on October 4.
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In a text message to the group of agents, others congratulated Exum, calling him a “legend” and offering to buy him beer. In previously released documents, Exum’s text messages appear to show him bragging to colleagues about his shooting skills.
“I fired 5 shots and had 7 holes in it. Put that in your book guys,” it read.
The latest documents are now public because U.S. District Judge Georgia Alexakis lifted the protective order last week. Federal prosecutors said the documents could damage Exum’s reputation. But Alexakis said the government showed no concern about ruining Martinez’s reputation.
On the day Martinez was shot, she was following the agents’ car and honked her horn to warn others of the presence of immigration agents. Body camera footage showed the agents loading their weapons and getting out of the car.
“It’s time to get aggressive and get rid of the (expletive),” one agent said.
Martinez, who sat near her attorney, remained largely silent during the news conference.
She declined an interview request from The Associated Press. In recent weeks, she has spoken to local media and lawmakers.
Earlier this month, Martinez testified before Democrats in Congress to highlight incidents of use of force by Department of Homeland Security officers. Members of Judd’s family also spoke. Martinez is scheduled to attend President Donald Trump’s State of the Union address this month as a guest of U.S. Rep. Jesus “Chuy” Garcia.
She was hospitalized before being transferred into the custody of the FBI, which still has her car. Martinez said the incident left her distrustful of law enforcement, which she accused of being armed.
Martinez had a valid concealed carry license and had a gun in her purse. The lawyers showed a photo of her in a pink folder at the bottom of her purse, saying she remained there during the confrontation.
“They don’t target the worst, they target individuals who fit a certain profile, who simply have a certain accent, or whose skin color is not exactly white like mine,” she said during her testimony before Congress. “This raises serious concerns about fairness, discrimination, and abuse of power.” “The lack of accountability for these actions is deeply disturbing.”
Martinez’s attorneys said they will pursue a complaint under the federal Tort Claims Act. If the agency denies the claim or doesn’t take action within six months, it can file a federal lawsuit.
