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CHICAGO – Last fall, Marimar Martinez was branded a “domestic terrorist” by the Trump administration following a harrowing incident where she was shot five times by a U.S. Border Patrol agent.
However, newly unveiled evidence examined by the ABC7 Chicago I-Team offers a fresh perspective on the events of that day. Martinez was accused of attempting to ram her vehicle into agents, prompting one to open fire, but the latest findings suggest a different narrative.
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While all criminal charges against Martinez have been dropped, the I-Team reports that there is an ongoing criminal investigation into the shooting, focusing on the agent responsible for discharging his weapon.
During a press conference on Wednesday, Martinez, accompanied by her legal team, revealed plans to file a civil lawsuit against the Department of Homeland Security.
Attorney Christopher Parente remarked, “After a criminal indictment is dismissed, most would cease their fight. Yet, being labeled by your own government as a ‘domestic terrorist’ when you know it’s not true is something that cannot be tolerated.”
Contradicting Evidence
It was Oct. 4 near 39th Street and Kedzie Avenue on the Southwest Side when footage from a Border Patrol agent’s body-camera starts recording, after Martinez had followed the agents for several blocks, honking her horn.
While the footage has been referenced in court, the public is now able to see it for the first time.
U.S. Border Patrol Agent Charles Exum Jr. can be seen driving an SUV, along with three other agents as passengers; all of the agents’ faces were blurred by the government.
“Do something, (expletive),” an agent is heard saying, while another agent is seen pointing his handgun toward the window.
“Alright it’s time to get aggressive and get the (expletive) out because they’re trying to box us in,” an agent says as several trailing vehicles can be heard honking. “We’re going to make contact.”
Surveillance footage reviewed by the I-Team shows Martinez was on the driver’s side of the agents’ vehicle when Agent Exum can be seen swerving the SUV’s steering wheel in her direction. He then stops the car, steps out and fires five shots.
Exum’s body camera wasn’t recording at the time of the shooting; he initiated it after the fact. And minutes after, Exum tells agents the use-of-force incident was his first.
“I got out (of the vehicle) so we could defend,” Exum says. Then, multiple agents can be heard warning him to stay quiet.
“Hey, hey, since we’re recording, keep it… Keep everything out, you’re good man,” one agent tells him.
“You don’t give statements to anybody,” another agent can be heard telling Exum. “Absolutely no statements at all, no statements, you keep your mouth shut.”
Martinez’s attorney Parente says Exum’s version of what led up to and during the shooting is contradicted by the evidence that was released after U.S. District Judge Georgia Alexakis ordered it unsealed last week.
Judge Alexakis said the evidence has “impeachment value” on Agent Exum’s version of events.
“You can see the bullet went back to front, which is not only inconsistent with (Agent Exum’s) statement to the FBI that all five shots went through the windshield,” Parente said, “but it’s also extremely troubling that he’s shooting at a fleeing vehicle, which is a violation of the Border Patrol’s published use of force policy.”
Parente argues the evidence contradicts initial Department of Homeland Security (DHS) reports that Martinez rammed her vehicle into agents and they were “boxed in.”
In surveillance video reviewed by the I-Team after shots were fired, Martinez’s vehicle continues forward unimpeded, and no cars were blocking the agents’ vehicle from the front.
“The U.S. Attorney’s Office recognized they can never call this guy as a witness in trial because the jury wouldn’t believe a word he said,” Parente said.
A spokesperson for the U.S. Customs and Border Protection (CBP) told the I-Team on Wednesday, “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).”
“Consistent with policy, Agent Exum was placed on administrative leave,” the statement reads.
The agency did not answer questions about when Agent Exum’s leave began, or whether it continues to this day.
Ongoing Investigation
With the public getting its first look at evidence in the case on Wednesday, one thing that’s still locked in federal custody is Martinez’s car she was driving the day of the shooting.
That’s because more than four months later, the federal government still possesses her vehicle due to an “ongoing and pending criminal investigation” into the shooting by the U.S. Attorney’s Office in South Bend, Indiana, according to court testimony and filings reviewed by the I-Team, as well as Martinez’s attorneys.
The criminal case against Martinez was dismissed with prejudice last November, meaning it can’t be brought back again, and her attorney says the investigation is focused on Agent Exum.
“This is what the prosecutors saw and realized that they had real problems with their witness, which is why this case was referred to the U.S. Attorney’s Office in South Bend, Indiana, for a criminal investigation of Agent Exum,” Parente said.
A spokesperson for the Northern District of Indiana U.S. Attorney’s office declined to comment Wednesday, citing a “pending investigation.”
According to DHS reports reviewed by the I-Team, Exum has been an immigration agent since 2005.
Exum testified in court that he is stationed in Maine but was on a temporary duty assignment to “Operation Midway Blitz” when the Oct. 4 shooting occurred.
Before the criminal charges against Martinez were dismissed by prosecutors, Agent Exum was accused of destruction of evidence when, after the shooting, he drove his vehicle out of state, and it was repaired by a mechanic before it could be inspected by Martinez’s lawyers.
Exum’s vehicle was considered a key piece of evidence given the government accused Martinez of ramming federal agents with her vehicle, while Martinez said it was the other way around and agents had collided with her.
The evidence tampering allegation led Judge Alexakis to summon Exum to court on Nov. 5, 2025, for questioning about what he did with his CBP vehicle, and to nail down his timeline of events.
Exum testified that immediately after the collision and shooting on Oct 4, his government-issued Chevy Tahoe had intermittent scratches and dents on the driver’s side, and some black marks on the driver’s door and above the fuel tank door.
Exum said the car was removed from the scene of the shooting and taken to an FBI office for evidence processing.
Several hours after the shooting, Exum testified that he was told his vehicle was ready to be picked up from the FBI’s Chicago office. He testified that he was told by his supervisor that the vehicle had been processed for evidence and that he was free to retrieve it.
Over the course of three days, Exum testified that he drove the vehicle back to Maine, arriving at his home duty station and parking it in the CBP facility’s garage on Oct. 10.
An email that was part of the evidence release this week is from Exum’s supervisor, writing he gave the agent permission to drive the vehicle back.
“You can tell them that I said that (name redacted) could start to work on the vehicle,” Exum’s U.S. Border Patrol deputy agent in charge writes. “If they needed (the vehicle) as evidence I did not think they would have released it from the investigation, had you drive three days all the way back to Maine, possibly destroying some of that evidence along the way if they still needed it.”
On cross-examination at the November hearing, Parente disputed Exum’s version of events, citing FBI reports stating it was not a supervisor, but Exum who initiated the request for the vehicle repair.
At Wednesday’s news conference, Parente vowed to thoroughly investigate what happened, and to clear Martinez’s name.
“They picked the wrong victim in this case to mess with,” Parente said. “She spent every day as a Montessori school teacher, not wherever people who are actual domestic terrorists spend their days.”
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