Judge dismisses federal case against Chicago woman shot by Border Patrol agent

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Charges dropped against woman shot by border patrol

A judge has dismissed all charges against a Chicago woman who was shot by a border patrol agent during a traffic stop in October.

A federal judge has officially dismissed the case against a Chicago woman who was shot by a Border Patrol agent — and her co-defendant — with prejudice, meaning the charges cannot be refiled.

What we know:

Marimar Martinez was in court Thursday for what was supposed to be a routine motion hearing. Instead, the judge granted a request from prosecutors to toss out the entire case against Martinez and Anthony Ruiz.

The decision follows months of challenges from the defense, which accused federal agents of mishandling and even destroying key evidence.

The backstory:

Martinez was shot several times on Oct. 4 after Border Patrol agents said she rammed their SUV during a traffic stop in Brighton Park. Her attorneys have maintained the evidence paints a very different picture.

Central to the case was the federal Tahoe involved in the shooting. The defense argued the vehicle was moved more than a thousand miles to Maine, repaired, and cleaned long before they were allowed to inspect it — erasing any physical evidence that might have supported Martinez’s version of events.

Attorneys also pointed to text messages from the agent who fired the shots, claiming he bragged afterward, saying Martinez "had seven holes." They say body-camera video captures another agent yelling "Do something, B," just seconds before the gunfire.

Prosecutors had maintained that the agent acted in self-defense, insisting Martinez hit their vehicle first. But with Thursday’s ruling, both Martinez and Ruiz are now cleared of all charges — ending the case for good.

What they're saying:

"It’s been hard honestly I couldn’t sleep," Martinez said.


"The agents were lying about what happened," Martinez's lawyer Chris Parenete said. "Miss Martinez never rammed anybody, the agent hit Miss Martinez. They jumped out and shot Miss Martinez, a US citizen, whose only crime, was warning her fellow community members that ice was in the neighborhood.


With the case now closed, Martinez said she’s focused on moving forward.

Martinez’s attorneys said they’re now exploring what comes next.

"I feel fine. I’m just blessed. I’m happy. God is good.  I’m blessed," she said. 

The Source: Fox 32 Chicago's Leslie Moreno reported the details of this story live from the Dirksen Federal Courthouse in Chicago.

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