Woman shot by CBP in Chicago wants evidence disclosed to public
An attorney for a Chicago woman shot and wounded by a Customs and Border Protection agent during Operation Midway Blitz is asking a federal judge to allow the public disclosure of evidence -- including body camera footage, electronic communications and photographs -- in order to "combat the continuing harm to her reputation" and to inform the public about the government's response to the shooting incident.
"What happened to Ms. Martinez and the truth about the events of October 4, 2025, as well as what is happening with the killing of two other individuals by DHS agents have become matters of strong public interest and debate," wrote Chris Parente, an attorney for Marimar Martinez, who was shot five times after her vehicle was involved in a collision with an SUV driven by Supervisory Border Patrol Agent Charles Exum.
Public disclosure of the evidence "is necessary to allow Ms. Martinez to ensure that debate is based in fact," Parente argued.
The evidence Parente now seeks to make public is covered by a protective order that prohibits him from disclosing the materials or using them in connection with any other matter without further order of the court. Such orders are standard in criminal cases in order to protect the integrity of a trial.
ABC News and other media organizations previously sought modification of the protective order in the case to obtain the body camera footage and other evidence. The motion was denied by U.S. District Judge Georgia Alexakis.
The government dismissed its case against Martinez in late November.
But Parente argues in his motion filed Monday that the federal government -- despite abandoning its prosecution of Martinez -- is continuing to engage in a "counter-factual public relations war" against his client. He notes that government statements labeling Martinez as a "domestic terrorist" remain online on official accounts.
There is "good cause" to modify the protective order, Parente argues, because "the ability to disseminate the factual evidence about the events of October 4 and DHS's response to Ms. Martinez's shooting is of the utmost importance to Ms. Martinez, and frankly to the entire country at this tragic time in our nation's history."
"The Protective Order has become an albatross around her neck and keeps the entire country in the dark about how DHS responds to lethal force incidents by their agents which have now unfortunately become a weekly occurrence. Instead of protecting against improper disclosures, it is a prophylactic to countering a pernicious misinformation campaign mounted by the United States. The government should not be permitted to wage this campaign against Ms. Martinez while actively suppressing the objective evidence that she could use to counteract those efforts," Parente wrote.
Martinez and another man were charged in October with assault with a deadly weapon, accused of following the agents' vehicles and initiating the collision with Exum's SUV that led to the shooting on Chicago's south side. Federal prosecutors said Exum fired five rounds defensively after Martinez allegedly drove toward him when he exited his vehicle after the crash, according to court filings.
At a hearing in the case last fall, Parente told the court that he had reviewed video from one agent's body-worn camera and contended that what he saw and heard did not align with the government's allegations. Parente claimed that the agent wearing the body-camera was in the rear of the Border Patrol vehicle and could be heard saying, "Do something, b----" in the moments before the vehicles collided.
"When I watched the video after this agent says, 'Do something, b----,' I see the driver of this vehicle turn the wheel to the left, which would be consistent with him running into Ms. Martinez's vehicle," Parente said. "And then seconds later, he jumps out and just starts shooting."
Prosecutors disputed Parente’s characterization of the video.
Parente also alleged that the federal government may have spoiled or altered evidence when it allowed the damaged vehicle Exum was driving to be released to him and driven back to his home base in Maine, where a Customs and Border Protection mechanic later wiped off black scuff marks after the FBI had processed the SUV in Chicago, according to court records.
Judge Alexakis ordered the vehicle returned to Chicago and for Exum to appear in person for testimony. At a court hearing in early November, Parente confronted Exum with text messages he sent to family and friends, in which he appeared to boast about his shooting skills.
"I fired 5 rounds and she had 7 holes. Put that in your book, boys," one of those messages said.
"We appreciate the U.S. attorney being thoughtful in agreeing to dismiss this," Parente said after the government dismissed its case against Martinez.
Martinez thanked the judge and "everybody that supported me."
Parente told reporters at that time that Martinez didn't deserve to be shot and that they are "going to work on getting her justice," but for now are thankful that the prosecutors "did the right thing."
