Chicago woman shot 5 times by a Border Patrol agent was called a ‘domestic terrorist,’ and now her lawyers say she was turning her car away

Marimar Martinez, a Chicago woman who was shot five times by an immigration agent, filed a lawsuit against the federal government, seeking damages and accountability for the incident. Her legal team is now presenting a new analysis of the crime scene, which they argue proves the officer opened fire while she was in the process of turning her car away from him. 

As reported by The Hill, this development marks a significant shift in a case that previously saw Martinez facing criminal charges in the immediate aftermath of the encounter with Border Patrol agent Charles Exum. The legal action, brought under the Federal Tortious Claims Act, includes allegations of false arrest and imprisonment, malicious prosecution, emotional distress, and negligence. 

By hiring a crime scene analyst before even initiating the lawsuit, Martinez’s attorneys are attempting to get ahead of the official narrative. During a press conference in Chicago, attorney Michael Gallagher explained the strategy behind this move. 

Martinez says her perspective changed after observing two additional fatalities 

He noted, “We know in this day and age, with 40 [to] 50% of America believing everything that comes out of the mouth of a DOJ [Department of Justice] or the current administration’s representative, that we need to show objective proof from Jump Street. We need to show them that their lies are done today, that they can’t twist the truth or keep spinning it because that ends.” He further added, “So with this investigation and this kind of analysis, we think we’ve done that.”

The core of the dispute lies in the conflicting accounts of the shooting. Shortly after the incident occurred, the Department of Homeland Security labeled Martinez a domestic terrorist, asserting that she had attempted to attack Agent Exum with her vehicle. This characterization served as the basis for the initial charges brought against her. 

However, the analysis conducted by the independent expert hired by her legal team tells a different story. The attorneys detailed how the bullet trajectories show shots entering through the passenger side of the front windshield and subsequently through the side of the car. 

According to the legal team, these physical details directly contradict the claim that the agent fired because the vehicle was heading toward him. Chris Parente, another attorney representing Martinez, stated, “It’s actual, concrete physical evidence and science by an independent expert that shows the agent lied about where he was, and Marimar has been telling the truth.”

While the legal battle is just beginning, the Department of Homeland Security has maintained a limited stance, confirming that Agent Exum was placed on administrative leave in accordance with department policy. A spokesperson for the agency stated, “Consistent with policy, Agent Exum was placed on administrative leave,” but declined to comment on the specific claims or the evidence presented by the lawsuit.

Martinez mentioned that she had initially intended to move past the incident once the charges against her were dropped. Her perspective reportedly changed after observing two additional fatalities involving federal agents in Minneapolis. 

Reflecting on the broader implications of these events, Martinez said, “Look at what happened to Renee and all these victims. So I won’t stop. I have a voice, and I do matter, and I don’t want it to keep happening. I don’t. I just don’t. So I want to spread awareness because what’s happening is not normal. We shouldn’t stay here and normalize what’s happening.”

The lawsuit does not specify a dollar amount for damages, as the legal team is prioritizing a trial. Gallagher emphasized that their primary goal is to reach a verdict in court rather than securing a settlement. He noted, “We don’t expect them to ever offer any type of money, which is fine by us. We prefer the verdict.”