Evidence raises questions over border patrol shooting of Marimar Martinez

Shamus Toomey, Publisher and co-founder at Block Club Chicago
Shamus Toomey, Publisher and co-founder at Block Club Chicago - Block Club Chicago
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Newly released evidence has raised questions about the federal government’s account of a Chicago woman who was shot five times by a Border Patrol agent. The materials suggest that agents may have disregarded their own use-of-force training.

Marimar Martinez was shot during an incident in Brighton Park last October involving federal immigration agents. Agents claimed Martinez chased them and rammed her car into theirs, but both Martinez and her attorney disputed these allegations. Initially charged with assaulting and impeding a federal law enforcement officer, Martinez saw the charges dropped after her lawyer argued that body camera footage contradicted the official version of events.

The evidence, previously sealed, was made public following arguments from Martinez’s attorney, Chris Parente. He said the release was necessary because top federal officials continued to label Martinez as a “domestic terrorist,” making it important for the public to review the facts.

The released materials include text messages from Charles Exum—the Border Patrol agent who fired the shots—as well as body camera footage from agents Adam J. Perkins and Lorenzo Cordero, FBI reports, and emails. According to Block Club Chicago’s review of this evidence, body camera footage and incident reports do not support Exum’s claim that Martinez tried to run him over; instead, they indicate she was trying to drive away. The actions captured on video appear inconsistent with use-of-force training provided to agents.

Footage shows Cordero and Perkins drawing their weapons inside a moving vehicle and pointing them at another car before colliding with Martinez’s vehicle less than a minute later. One agent is heard shouting, “Do something, b—.”

At a press conference on Wednesday, Parente stated: “The evidence shows agents lied to justify shooting Martinez.” He added that diagrams used by agents depicting Exum’s vehicle blocked by three cars were disproven by video and other records.

A Border Patrol spokesperson confirmed that Exum has been placed on administrative leave. The spokesperson also noted: “All significant use-of-force incidents are thoroughly investigated, reviewed, and presented to the National Use of Force Review Board,” which includes senior officials from Border Patrol, Homeland Security, and the Justice Department.

Incident reports from Homeland Security say Exum was boxed in by multiple vehicles before being struck by Martinez’s car. Afterward, Cordero said the agents exited their vehicle for safety due to what he described as “a number of aggressors.” Both Perkins and Cordero alleged that Martinez drove toward Exum before he fired his weapon.

Exum’s personal narrative does not appear in Homeland Security’s report.

Body-camera footage disputes this account; it shows Cordero and Perkins with weapons drawn about one minute before the collision. An agent can be heard saying: “It’s time to get aggressive” and “we’re going to make contact, we’re boxed in,” just before Exum steers into Martinez’s car.

After impact, Exum exits his vehicle and fires five shots within two seconds. He claimed via text message that he shot through Martinez’s front windshield as she drove toward him. However, photos show bullet holes indicating otherwise: three bullets hit the passenger side of the windshield; one shattered a rear window; another traveled from back to front—suggesting Martinez was moving away when shot.

Cordero is listed as having five years’ experience with Border Patrol; Perkins has 17 years. Both have completed Mobile Response Team and Mobile Field Force training.

Exum is described as a 20-year veteran involved in firearms instruction programs for federal law enforcement agencies. Dr. Marc Brown—a former instructor at Federal Law Enforcement Training Centers—testified last month before Illinois officials that agency policy discourages firing into moving vehicles because incapacitating drivers can lead to uncontrolled vehicles posing additional danger. Brown also said standing in front of vehicles should be avoided.

Despite this guidance, text messages show Exum boasting about the shooting: “I now have a great new scenario to add to our training,” possibly referencing his role as an instructor.

Other texts reveal colleagues praising Exum after the incident: “You are a legend among agents,” “Good job brother glad you’re unharmed,” and “beers on me.” One message included shorthand for “f— around and find out.” Another message from Exum indicated strong support from agency leadership—including references to Chief Gregory Bovino, Homeland Security Secretary Kristi Noem, and President Donald Trump (“el jefe”).

Less than four hours after the shooting took place—and while Martinez remained hospitalized—Bovino emailed Exum offering an extension beyond retirement age (57) in recognition of his service in Chicago: “[Bovino] felt [Exum] would accomplish ‘the most illustrious endeavor,’” Parente said Wednesday.

Martinez is now preparing federal civil claims against both the government and Exum for physical injuries, emotional trauma, and reputational harm—seeking damages estimated in the tens of millions of dollars. Her legal team plans filings under both the Federal Tort Claims Act (FTCA) and Bivens precedent; similar FTCA claims have been filed previously by others alleging excessive force during Operation Midway Blitz in Chicago.

When asked if she felt afraid following these events, Martinez replied in Spanish that she fears nothing except God.



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