Federal Judge Drops Charges After Chicago Woman Shot by CBP Agent; Questions Raised About Evidence Handling

A federal judge on Thursday dismissed federal charges against Marimar Martinez, a 30-year-old U.S. citizen who was shot by a Customs and Border Protection (CBP) agent after a disputed traffic confrontation in Chicago. Prosecutors filed a motion to dismiss the case hours before the judge's ruling, a reversal that followed intense scrutiny of the investigation and handling of evidence.

Martinez and a co-defendant, Anthony Ruiz — who was driving a separate vehicle — had pleaded not guilty to a federal count alleging they assaulted, resisted or impeded federal officers. The dismissal is the latest turn in a high-profile matter that left U.S. District Judge Georgia Alexakis openly skeptical about how vehicles and other potential evidence were treated during the probe.

Outside the courtroom after the hearing, Ruiz embraced a relative while Martinez, smiling, told reporters, "I'm just blessed. I'm happy." She added, "It's been hard. I can't sleep, but now I'm gonna go sleep."

According to the charging complaint, CBP agent Charles Exum and other agents were on a security detail when they were involved in a traffic incident on Oct. 4. Prosecutors alleged Martinez and Ruiz "aggressively and erratically" followed and then rammed the agents' vehicle. Martinez's attorney, Christopher Parente, disputed that account, saying the agent sideswiped Martinez's vehicle and that agents then shot at her.

The complaint says Exum exited his vehicle and fired five rounds at Martinez; Parente has said Martinez sustained five gunshot wounds. Department of Homeland Security Assistant Secretary Tricia McLaughlin reiterated the department's earlier claim that Martinez was among drivers who rammed agents and referred further questions to the Justice Department.

Controversy intensified after text messages from Exum were displayed in court. In one exchange, Exum forwarded an article and wrote, "Read it. 5 shots, 7 holes." In another, he wrote he had "a MOF amendment to add to my story. I fired 5 rounds, and she had 7 holes." Exum testified that "MOF" referred to a derogatory shorthand and defended his use of force as necessary to address illegal actions.

Defense attorneys pointed to the texts and raised additional concerns that potentially relevant evidence may have been lost when Exum's damaged vehicle was released and later driven more than 1,000 miles to his home state of Maine. Judge Alexakis had expressed concern over the different treatment of the vehicles, noting the defendants' cars remained in Chicago while the agent's car was returned to circulation.

Government lawyers said the FBI preserved any evidence it deemed relevant before releasing the agent's vehicle. Joseph Fitzpatrick, a spokesperson and assistant U.S. attorney for the Northern District of Illinois, said the office continually evaluates new facts tied to "Operation Midway Blitz," a major law enforcement surge in the region, to ensure the interests of justice are served and charged matters are properly adjudicated.

What happens next

The dismissal closes the federal prosecution against Martinez and Ruiz for now, but it does not resolve broader questions about the shooting, the conduct of agents, and how evidence was handled. The developments likely leave room for additional review or separate investigations into agency conduct and the circumstances of the traffic incident.