An attorney representing a Chicago woman shot by a federal agent in the fall said the government is not telling the truth about her case and ordered the public to look at newly released evidence to see for themselves.
“We are living in strange times right now. We cannot trust our federal government,” said attorney Chris Parente.
Parente represents Marimar Martinez, a Montessori teacher from Chicago who was shot several times by Border Patrol Agent Charles Exum on October 4 last year.
Federal agents allege she and another man surrounded them with their vehicles and then rammed their SUV before Officer Charles Exum shot her.
Late Tuesday night, the U.S. Attorney’s Office released a trove of evidence related to the shooting, including video from the officers’ body cameras in their vehicle.
In the video, one of the officers can be heard saying: “It’s time to get aggressive and get the cops [expletive] out of here.”
Thirty seconds later, another officer shouts that “we’ve been hit,” after which shots are heard.
Hours later, the Department of Homeland Security website and Secretary Kristi Noem labeled Martinez a “domestic terrorist.”
In an effort to clear Martinez’s name, her lawyers filed a multi-million civil lawsuit on her behalf on Wednesday.
“It is simply unacceptable for your own government to call you something as hurtful as a domestic terrorist when you know you are not,” Parente said.
The government has released three body camera videos and more than 200 pages of photos and text that lawyers say paint a picture of a “culture of violence” within Operation Midway Blitz.
The texts show messages between officer Exum and his so-called ‘posse’ in which Exum is praised by his fellow officer 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 age 57 “in light of [his] excellent service in Chicago.” The email was sent about four hours after Exum shot Martinez.
“She’s in the hospital and they don’t know if she’s going to live or die, and this guy emails the officer without doing any investigation, but promotes him…and extends his pension,” Parente said.
A CBP spokesperson said for the first time Wednesday that Officer Exum has been 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 submitted to the National Use of Force Review Board (NUFRB), an independent body composed of senior CBP officials and representatives from DHS and DOJ, including the DOJ Civil Rights Division,” the spokesperson said in the statement sent Wednesday.
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 heard my rear passenger window shatter and felt the bullets continue to pierce my body,” she said during the hearing before a committee investigating allegations of excessive force against immigration enforcement agents. “As I tried to drive to a safe location, I started to feel light-headed. I looked down and saw blood pouring from my arms and legs and realized I had been shot multiple times.”
Since the resignation, the government has refused to retract its original statements and press releases, which said “the facts of what happened have not changed.”
Martinez’s attorneys said the Brighton Park woman was among those who honked the horn to alert neighbors about ICE, and that she carried a licensed, holstered handgun in the bottom of her purse. However, they deny that she tried to attack the officers. They pointed out bullet holes that pierced her windshield and blew out her back window…where a bag of clothes was on its way to be donated can be seen.
Now Martinez plans to file a civil suit against that officer and his supervisors.
Such cases can be difficult and usually begin with a federal tort claim that must be approved by the Department of Justice.
Attorney Mike Gallagher said he is confident Martinez will find justice in Chicago’s federal courts. He added that Exum will be held financially liable and that he plans to seek “tens of millions” in damages.
Martinex itself did not speak at Wednesday’s press conference. But she did ask one question about her fear.
“I’m not afraid of anyone,” she said in Spanish. “The only thing I’m afraid of 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.
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