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CHICAGO – In a recently revealed development, a senior Border Patrol official commended a federal agent involved in the shooting of a Chicago woman during an immigration operation last year. This comes amid accusations from attorneys that the Trump administration mishandled the investigation and disseminated misinformation about the incident.
Marimar Martinez, an American teaching assistant, was shot five times by a Border Patrol agent while sitting in her car last October. Initially charged with a felony after Homeland Security alleged she attempted to drive into agents, the case was dismissed when video footage surfaced showing an agent maneuvering his vehicle into hers.
Her legal team has pushed for the release of evidence from the now-dismissed charges, especially in light of a similar incident where a federal agent fatally shot Renee Good in Minneapolis. Both cases have sparked public concern over the conduct of federal agents.
Martinez’s attorneys are filing a complaint under legislation that allows individuals to sue federal agencies. They have highlighted instances where the Department of Homeland Security allegedly provided false information, including falsely labeling Martinez as a “domestic terrorist” and accusing her of having a history of exposing personal information of federal agents online. Notably, Martinez has no criminal history, and prosecutors have not substantiated these claims.
“We are at a point where the credibility of our federal officials is seriously in question,” stated attorney Christopher Parente during a press briefing where his office presented the evidence.
That included an agent’s hand-drawn diagram of the scene to allege how Martinez “boxed in” federal agents. It included three vehicles Parente said “don’t exist.”
Many of the emails, text messages and videos were released the night before by the U.S. attorney’s office.
DHS didn’t immediately return a message Wednesday.
The shooting came during the height of the Chicago-area crackdown. Arrests, protests and tense standoffs with immigration agents were common across the city of 2.7 million and its suburbs. Weeks before the Martinez shooting, agents fatally shot a suburban Chicago dad in a traffic stop.
The government unsuccessfully fought the release of the documents, including an email from Gregory Bovino, a Border Patrol commander who led enforcement operations in several cities before he returned to his sector post in California last month.
“In light of your excellent service in Chicago, you have much yet left to do!!” Bovino wrote Charles Exum on Oct. 4.
In an agent group text, others congratulated Exum, calling him a “legend” and offering to buy him beer. In previously released documents, text messages sent by Exum, appeared to show him bragging to colleagues about his shooting skills.
“I fired 5 rounds and she had 7 holes. Put that in your book boys,” the text read.
The latest documents are public now because U.S. District Judge Georgia Alexakis lifted a protective order last week. Federal prosecutors had argued the documents could damage Exum’s reputation. But Alexakis said the federal government has shown “zero concern” about ruining the reputation of Martínez.
On the day Martinez was shot, she had followed agents’ vehicle and honked her horn to warn others of the presence of immigration agents. Body camera footage showed agents with weapons drawn and rushing out of the vehicle.
“It’s time to get aggressive and get the (expletive) out,” one agent said.
Martinez, who sat near her attorneys, was largely silent during the news conference.
She declined an Associated Press interview request. But in recent weeks she has spoken to local media and before lawmakers.
Earlier this month, Martinez testified before congressional Democrats to highlight use-of-force incidents by DHS officers. Members of Good’s family also spoke. Martinez is scheduled to attend President Donald Trump’s State of the Union address this month as the guest of U.S. Rep. Jesus “Chuy” Garcia.
She was hospitalized before being taken into the custody of the FBI, which still has her car. Martinez said the incident has left her with mistrust of law enforcement, which accused her of being armed.
Martinez has a valid concealed-carry license and had a handgun in her purse. Attorneys showed a picture of it in a pink holster at the bottom of her purse, saying it remained there during the encounter.
“They are not targeting the worst of the worst, they are targeting individuals who fit a certain profile, who simply have a certain accent, or a non-white skin color just like mine. This raises serious concerns about fairness, discrimination, and abuse of authority,” she said during her congressional testimony. “The lack of accountability for these actions is deeply troubling.”
Martinez’s attorneys said they’d pursue a complaint under the Federal Tort Claims Act. If the agency denies the claim or doesn’t act on it within six months, they can file a federal lawsuit.
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