Chicago Border Patrol Shooting: Marimar Martinez Files Federal Tort Claims Act Claim After Charges Dismissed
A Chicago woman who was previously charged with assaulting federal agents after being shot five times by a U.S. Border Patrol agent is now preparing to pursue civil action against the federal government under the Federal Tort Claims Act.
Marimar Martinez, 30, a Montessori school teacher’s assistant and lifelong Chicago resident, intends to file a claim alleging excessive force by Border Patrol Agent Charles Exum during a shooting that occurred last fall in the Brighton Park neighborhood.
Criminal charges filed against Martinez and a co-defendant were later dismissed with prejudice.
Incident Overview
According to released court records and statements from both federal officials and Martinez’s legal team:
- Martinez encountered Border Patrol agents during an immigration enforcement campaign known as Operation Midway Blitz.
- She allegedly followed the agents’ vehicle for approximately 15 minutes while honking and calling out “La Migra.”
- Federal authorities have maintained that Martinez boxed in agents and drove toward them.
- Her attorneys dispute that account, asserting that Agent Exum deliberately swerved his vehicle into hers.
The shooting occurred after both vehicles came to a stop. Agent Exum exited his vehicle and discharged five rounds in less than two seconds.
Body Camera Footage and Physical Evidence
The shooting itself was not captured on Agent Exum’s body camera. According to released records, his camera was not activated during the incident.
Another agent in the vehicle did activate a body camera, recording moments before and after the shooting.
Federal statements to investigators indicated that the rounds were fired through Martinez’s windshield, consistent with claims that she was driving toward officers.
However, Martinez’s attorneys contend that photographs show three bullet strikes on the passenger side of the vehicle, which they argue contradicts the assertion that all shots were fired directly through the driver’s side windshield.
Video from a nearby auto repair shop reportedly shows two vehicles passing before the Border Patrol vehicle appears. Martinez’s legal team argues that this footage challenges an agent-drawn diagram submitted during the investigation that depicted multiple vehicles blocking forward movement.
Was Martinez Armed?
In public statements following the incident, a spokesperson for the Department of Homeland Security stated that Martinez was armed with a semi-automatic firearm. Martinez’s attorneys acknowledge she possessed a firearm and held a valid concealed carry license.
According to their statements:
The firearm was stored in a holster inside her purse.
It was not drawn, and agents have not publicly alleged that she pointed or displayed the weapon.
Under Department of Homeland Security policy, discharging a firearm at a person constitutes a deadly use of force regardless of the outcome.
Administrative Leave and Policy Review
U.S. Customs and Border Protection confirmed that Agent Exum was placed on administrative leave following the incident, consistent with policy for significant use-of-force events.
Administrative leave for investigative purposes, as outlined by the Office of Personnel Management, is generally limited to 10 workdays annually and does not result in loss of pay.
Internal Communications Released
Records released by federal prosecutors include text messages exchanged between Agent Exum and other agents after the shooting. Some communications expressed support.
An email from then-Border Patrol Commander Gregory Bovino congratulated Exum on his “excellent service in Chicago” and referenced a retirement-age extension. The email was reportedly sent hours after the shooting and prior to the completion of any formal investigation.
Federal Tort Claims Act Filing
The Federal Tort Claims Act allows individuals to seek monetary damages from the federal government when federal employees, acting within the scope of their employment, allegedly cause personal injury through negligent or wrongful acts.
Before filing suit, claimants must:
- Submit an administrative complaint to the relevant federal agency.
- Wait up to six months for a response.
- File a civil action in federal court if no resolution is reached.
Martinez’s legal team has indicated they intend to pursue a bench trial in the U.S. District Court for the Northern District of Illinois if the claim is denied or not answered.
Case Status
A judge recently granted Martinez’s request to unseal portions of the criminal case file after charges were dismissed with prejudice.
Her attorneys have begun publicly releasing:
- Text messages
- Body camera footage
- Scene photographs
They state the evidence contradicts prior federal claims that she rammed agents’ vehicles or posed an immediate threat.
Federal officials have not publicly revised earlier statements.
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