Chicago Woman Shot Five Times By Border Patrol Agent Sues Federal Government After New Evidence

Marimar Martinez, a Montessori school teaching aide, filed a federal civil lawsuit Monday after surviving a October shooting in which a U.S. Customs and Border Protection (CBP) Border Patrol agent fired five times at her vehicle in Chicago.

The suit, brought under the Federal Tort Claims Act, names the U.S. government and alleges a range of civil claims — including negligence, battery, assault, intentional infliction of emotional distress, false arrest, false imprisonment and malicious prosecution — because federal agents cannot be sued directly, Martinez's attorneys said.

Attorneys Present Scene Reconstruction

At a news conference, attorneys for Martinez displayed a visual reconstruction based on bullet markings inside Martinez's car, her wounds and surveillance video. They contend the evidence shows Agent Charles Exum was not in front of the vehicle and therefore was not in danger when he opened fire.

"He was in no way, shape or form in the path of the vehicle. She was actually driving away from him, and we established that he charged her," attorney Michael Gallagher said.

Attorneys said one bullet passed through the side of the rear passenger seat, a trajectory inconsistent with Exum's earlier claim that Martinez drove toward him. Christopher Parente, another Martinez attorney, said their scene analysis shows Exum shot without justification.

Investigations, Messages And Criminal Questions

The Department of Homeland Security said Exum was placed on administrative leave consistent with agency policy; DHS referred additional questions to the Department of Justice, which declined to comment on ongoing litigation. Exum was not wearing a body camera at the time of the shooting. In August, DHS announced a policy requiring ICE officers and agents in the field to wear body cameras.

After the incident, Martinez and another person at the scene were charged with attempting to ram federal officers with their vehicles. Those charges were later dropped when federal prosecutors filed a motion to dismiss following release of additional video and revelations that Exum had boasted about the shooting in messages with other officers.

Records reported by Reuters and shown at a hearing include messages from Exum in a group Signal chat: "I fired 5 rounds and she had 7 holes. Put that in your book boys." In another message, after sending a news link, he allegedly wrote: "Read it. 5 shots, 7 holes." When asked about those messages, Exum reportedly responded: "I'm a firearms instructor and I take pride in my shooting skills."

Martinez Seeks Accountability And Recovery

Martinez spoke briefly at the news conference: "Right now, we're just focused on moving forward with the civil case and just heal emotionally and physically. I'm just glad to see another year, be with my family. I want to spread awareness, because what's happening is not normal. We shouldn't stay here and normalize what's happening."

Her attorneys urged the Justice Department and local prosecutors to consider criminal charges against Exum. The civil suit seeks damages and aims to hold federal authorities accountable for what Martinez's lawyers describe as an unjustified use of deadly force.

Note: This article is based on reporting originally published by NBC News and Reuters.