U.S. District Judge Georgia Alexakis ordered that text messages and other materials related to a Border Patrol shooting in Chicago be disclosed, saying the evidence bears on the credibility of agent Charles Exum and the Department of Homeland Security. The order allows release of texts, emails, investigative reports, body-camera footage from a nearby agent, post-crash photos and Martinez’s 911 audio. The judge also approved 30 days of Flock surveillance footage but denied license-plate-reader data; prosecutors had dropped charges against Marimar Martinez.
Judge Orders Release Of Border Patrol Agent’s Texts And Evidence After Chicago Shooting
Marimar Martinez spoke at a forum held by Democratic lawmakers Tuesday on use of force by Department of Homeland Security agents. ( Stefani Reynolds / Bloomberg via Getty Images)(Stefani Reynolds)
U.S. District Judge Georgia Alexakis has ordered the public release of texts and additional evidence tied to a Border Patrol shooting in Chicago, saying the materials are relevant to the credibility of the agent and the Department of Homeland Security.
Key Ruling
The court ruled that text messages sent by Border Patrol agent Charles Exum to colleagues and family after he shot Marimar Martinez five times on Oct. 4 may be disclosed. The judge said the messages provide insight into the agent’s credibility and into how DHS leadership perceived and responded to the shooting.
Marimar Martinez was released from the Metropolitan Correctional Center in Chicago in October. (E. Jason Wambsgans / Chicago Tribune via Getty Images file)(E. Jason Wambsgans)
What Was Released Or Cleared For Release
Alexakis expanded the scope of potentially public materials to include emails, investigative reports, statements from senior DHS officials, and text messages related to the incident. The order also clears the way for body-camera footage from an agent who was nearby during the shooting, post-crash photos and reports, and audio from Martinez’s 911 call to be disclosed, subject to agreed redactions.
In previously released messages, Exum wrote: “I fired 5 rounds and she had 7 holes. Put that in your book boys.”
Context And Disputes
Authorities say Martinez rammed her vehicle into agents’ cars; Martinez denies that and says agents were the aggressors. Exum did not have his body camera activated during the encounter. Prosecutors initially charged Martinez with using her vehicle to assault and impede federal agents; those charges were later dropped. The judge noted the Department of Homeland Security has not publicly clarified whether the dismissal was with prejudice.
The case against Martinez was dropped by federal prosecutors. (E. Jason Wambsgans / Chicago Tribune via Getty Images file)(E. Jason Wambsgans)
Evidence Sought To Clear Reputation
Martinez’s attorney, Chris Parente, argued the materials should be public in the interest of transparency and to help restore Martinez’s reputation. Her team asked for 30 days of Flock surveillance footage preceding the shooting to show ordinary daily activity and rebut claims that she had a history of doxxing or ambushing federal agents. The judge approved release of the Flock footage but denied a request for license-plate-reader data, saying that data would have little value in clearing her name.
Public Statements And Next Steps
Parente also identified public posts and statements he says mischaracterized Martinez, including a post shared on X by Kash Patel that described the incident in a way the defense disputes. Martinez’s lawyers said they will coordinate with government counsel on redactions over the weekend and will not release materials before Monday. They also said they will continue to pursue efforts to clear Martinez’s name.
Note: All disclosures remain subject to any protective-orders and agreed redactions ordered by the court.
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