Marimar Martinez case: DOJ moves to dismiss charges against woman shot by federal agent

CHICAGO - Federal prosecutors on Thursday filed a motion to dismiss charges against Marimar Martinez, who was shot five times by a Border Patrol agent last month.

What we know:

The motion was filed to dismiss the indictment against Martinez and her co-defendant, Anthony Ruiz, in the United States District Court, Northern District of Illinois.

Martinez and Ruiz were previously charged with forcibly assaulting, impeding and interfering with a federal law enforcement officer for allegedly ramming a federal vehicle on Oct. 4 in Chicago's Brighton Park neighborhood.

The backstory:

Prosecutors initially said federal agents had conducted an operation and Border Patrol agents acting as security detail were followed by a "convoy" of cars.

Prosecutors alleged that civilian cars began to follow the agents near Oak Lawn and were driving "aggressively and erratically," sometimes coming very close to the agents' car, disregarding red lights and stop signs, and driving the wrong way on one-way streets.

Around 10:30 a.m., Martinez and Ruiz allegedly used their cars to hit a vehicle being driven by Border Patrol Agent Charles Exum near the intersection of West 39th Street and South Kedzie Avenue. The car driven by Martinez side-swiped the driver's side of the CBP car, prosecutors said.

Martinez loudly referred to Border Patrol agents as "la migra," according to court documents, which is common Spanish slang for immigration enforcement officials.

After hitting the agent’s car, the suspects then allegedly boxed in the vehicle, which held a total of three agents at the time.

The agents were unable to move their car and got out. Exum fired five shots at Martinez, prosecutors said.

Martinez then allegedly drove off, but paramedics found her and her car at a repair shop about a mile away near 35th Street and California Avenue. She was taken by ambulance to a hospital where she received treatment for her gunshot wounds.

Ruiz also allegedly drove off, but officers later found him at a gas station about half a block away.

Within hours of the shooting, the FBI released the vehicle that was struck back to Exum. Days later, he drove it from Chicago to Maine — more than 1,100 miles — and did not send an evidence preservation email until 12 days after the incident.

A judge ordered Exum to return to Chicago to testify.

Border Patrol agent testifies in court

Dig deeper:

Earlier this month, the defense cross-examined Exum, who fired at Martinez. Defense attorneys used Exum’s own text messages to question his state of mind and whether he tried to destroy evidence that could contradict his version of events.

The most striking evidence from the Nov. 5 court hearing from Exum’s text messages.

Twenty-four hours after the shooting, Exum texted, "Cool, I’m up for another round of **** around and find out. Lmao."

He later sent a group message on an encrypted app, Signal, sharing a Guardian article titled, "Federal agents taunted Chicago woman ‘to do something’ before shooting her, attorney claims."

He followed with: "I have a *** amendment to add to my story. I fired 5 rounds and she had 7 holes. Put that in your book, boys."

Exum also texted his wife, "Oh well, it is what it is," and reacted to another article by writing an expletive-laced message: "ish happens."

He texted his brother about the shooting, writing "lol, gracias." and "Sweet. My 15 mins of fame. Lmao."

Exum added that he turned on his body camera after the shooting. He testified that the camera had been in the car’s passenger seat because he believed he would be a target if people saw him driving with it on.

Two other Border Patrol agents were in the rear passenger seat.

Government attorneys said they have photos showing about 200 text messages Exum sent to various people.