A federal judge has mandated the public release of evidence related to the shooting of Marimar Martinez by a Customs and Border Protection agent in Chicago, while a Texas grand jury has declined to issue indictments in the fatal shooting of Ruben Ray Martinez by a Homeland Security Investigations agent.
These developments bring increased scrutiny to the use of force by federal agents, with conflicting accounts emerging from both incidents and calls for greater transparency from federal agencies.
Chicago Shooting: Marimar Martinez Incident
On October 4, Marimar Martinez, a U.S. citizen and Montessori school teacher, was shot five times by Customs and Border Protection (CBP) Agent Charles Exum during "Operation Midway Blitz" in Chicago. Martinez was wounded in the incident.
Conflicting Accounts of the Encounter
Initial claims from the government and agents alleged that Martinez participated in an "ambush" by ramming CBP agents with her car. They stated she was following agents' vehicles, struck one twice, and then tried to run over an agent.
Martinez and her attorneys, however, assert that agents were the aggressors. Evidence later emerged, including video, indicating an agent's vehicle steered into Martinez's vehicle. Attorneys for Martinez also stated she was honking her horn to alert others to the presence of immigration agents.
Body camera footage, though not from Agent Exum's active camera, reportedly shows agents exiting their vehicle with weapons drawn, and one agent is heard stating, "It's time to get aggressive and get the (expletive) out."
Agent Exum's body camera was not active during the shooting, but audio of gunfire is reportedly audible in other released videos, with Martinez's attorney stating, "You can hear five shots within two seconds of him opening the door." Martinez possessed a valid concealed-carry license, and her attorneys stated her handgun remained holstered in her purse throughout the encounter.
Legal Developments and Charges
Martinez was initially charged with felony assault for allegedly using her vehicle to assault federal agents. These charges were subsequently dismissed with prejudice in November, meaning they cannot be refiled.
Mandated Release of Evidence
U.S. District Judge Georgia Alexakis authorized the public release of various materials related to the case.
The judge stated that Agent Exum's text messages offered insight into his view of the shooting and the Department of Homeland Security (DHS) leadership's response, indicating they "bear on his credibility" and "have impeachment value."
Judge Alexakis also criticized the government's continued allegations against Martinez despite the dropped charges, highlighting Martinez's status as a U.S. citizen and her presumption of innocence. The judge noted the government's "zero concern" for Martinez's reputation while seeking to protect Exum's.
Released evidence includes:
- Body camera footage from Agent Exum (not active during shooting) and two other agents.
- FBI reports related to Exum and other agents, as well as custody and medical treatment.
- Audio recordings of Martinez's 911 call.
- Approximately 40 text messages sent by Agent Exum after the shooting.
- Emails and statements from higher-ranking DHS officials, and investigative reports.
- Post-crash photos and reports, and Flock surveillance camera footage from 30 days prior to the incident.
Among the communications, an email from then-Border Patrol Commander Gregory Bovino to Agent Exum on the day of the shooting stated, "In light of your excellent service in Chicago, you have much yet left to do!!"
Agent Exum's text messages included statements such as "I fired 5 rounds and she had 7 holes. Put that in your book, boys," and that he takes pride in his shooting skills as a firearms instructor. He also claimed Martinez attempted to run him over and he fired through her windshield.
Group texts among agents showed colleagues congratulating Exum, calling him a "legend," and offering to buy him beer. Evidence also included an agent's hand-drawn diagram of the scene that reportedly depicted vehicles that did not exist.
Aftermath and Ongoing Actions
Martinez's attorneys stated that government statements labeling her as a "domestic terrorist" remain online, and they dispute these claims.
Martinez has testified before congressional Democrats about use-of-force incidents involving DHS officers and is scheduled to attend the State of the Union address as a guest of U.S. Rep. Jesús "Chuy" García. She has reported still struggling with physical pain and "mental scars" from the incident.
Agent Exum was placed on administrative leave. Martinez's attorneys plan to pursue a civil lawsuit under the Federal Tort Claims Act.
Commander Bovino, who had been involved in Trump administration deportation efforts, was previously noted in a federal judge's conclusion for providing false information regarding a confrontation with protesters and misrepresenting facts in another shooting incident.
Martinez's vehicle is currently part of a separate criminal investigation in South Bend, Indiana.
Texas Shooting: Ruben Ray Martinez Incident
On March 15, Ruben Ray Martinez, a 23-year-old U.S. citizen, was fatally shot by a Homeland Security Investigations (HSI) agent during a late-night traffic encounter on South Padre Island, Texas. The Department of Homeland Security (DHS) did not publicly disclose the incident for 11 months after it occurred, with disclosure only coming after media reports.
Conflicting Accounts of the Incident
According to DHS and an internal ICE incident report, HSI officers were assisting local police with traffic redirection around an accident when a four-door Ford, driven by Martinez with a passenger, approached. Officers reportedly ordered the vehicle to stop.
The report states the driver initially did not respond but eventually stopped, and agents surrounded the vehicle, ordering occupants to exit. The report alleges Martinez then "accelerated forward" and struck an HSI special agent, who ended up on the vehicle's hood, prompting another HSI supervisory special agent to fire multiple "defensive shots" through the open driver's-side window. The HSI officer struck by the vehicle was treated for an unspecified knee injury.
The passenger in Martinez's vehicle, Joshua Orta, who later died in a separate car crash, provided a draft affidavit and an interview to Texas Rangers that contradicted portions of the official account.
Orta's draft testimony reportedly stated Martinez did not hit an officer with his vehicle and that the car was "just crawling" or "barely moving." He claimed a federal agent fired into the driver’s side window without issuing any warning, commands, or opportunity to comply.
Orta recounted officers surrounding the vehicle, yelling commands and drawing guns, and that Martinez did not accelerate. Orta stated he heard Martinez say "I'm sorry" before losing consciousness. He suggested Martinez's actions may have stemmed from nervousness about an open container or a potential driving while intoxicated charge, emphasizing Martinez would not intentionally endanger an officer.
Body camera video, obtained by CBS News but not publicly released, reportedly challenges official accounts. The footage suggests Martinez's vehicle was stationary or moving at a very low speed when the shots were fired, with brake lights appearing illuminated.
Lawyers representing Martinez's mother stated the videos indicate Martinez's car was barely moving, braking, and no one was on the hood or in front of the car when he was shot at close range. Martinez was removed from his vehicle, restrained face down, and handcuffed, with medical care reportedly administered after he was handcuffed. Martinez's mother reported her son was shot three times. Toxicology results after Martinez's death indicated the presence of alcohol and marijuana.
Investigation and Grand Jury Decision
The Texas Rangers were the lead agency in the shooting inquiry. Martinez's mother, Rachel Reyes, stated an investigator from the Texas Rangers informed her that videos of the shooting contradicted the federal agents' account. The Texas Department of Public Safety stated the investigation remained "active."
A grand jury in Cameron County declined to issue criminal indictments in the case. Martinez's family attorneys expressed skepticism about the DHS account and called for the Texas Department of Public Safety to release its investigation findings, citing the private nature of grand jury proceedings. Rachel Reyes has called for transparency from investigators and reform in how immigration agents operate.
Broader Context
These incidents contribute to an ongoing discussion regarding the use of force by federal officers. The shooting of Ruben Ray Martinez is one of at least six deadly shootings by federal officers since an immigration crackdown began in the prior presidential administration. The Chicago incident occurred during a period of increased immigration enforcement in the area, and sources mentioned a similar shooting in Minneapolis involving a Border Patrol agent.