Marimar Martinez, a Chicago woman who was shot five times by a U.S. Border Patrol agent, filed a federal lawsuit on Monday against the government, alleging that the officer fired at her as she was driving away, contradicting the official narrative that she had attacked him with her vehicle.
The suit, brought under the Federal Tort Claims Act, accuses the government of false arrest, false imprisonment, malicious prosecution, intentional infliction of emotional distress, and negligence. It stems from an incident in which Martinez was wounded by Agent Charles Exum, who initially charged her with assault. Those charges were later dropped.
In an unusual move, Martinez's legal team commissioned an independent crime scene analysis before filing the suit. Attorney Michael Gallagher said the physical evidence is meant to counter the Department of Homeland Security's characterization of Martinez as a "domestic terrorist" who tried to run down Exum with her car.
"We know in this day and age, with 40 to 50 percent of America believing everything that comes out of the mouth of a DOJ or the current administration's representative, that we need to show objective proof from Jump Street," Gallagher said at a Chicago press conference. "We need to show them that their lies are done today, that they can't twist the truth or keep spinning it because that ends."
The analysis, conducted by an independent expert, found that bullets entered the passenger side of the front windshield and later the side of the vehicle, a trajectory that the attorneys argue is inconsistent with Exum's claim that he fired while Martinez's car was heading toward him. Attorney Chris Parente said the forensic evidence "shows the agent lied about where he was, and Marimar has been telling the truth."
The lawsuit does not specify a damages amount. Gallagher said the priority is a trial before a judge. "We don't expect them to ever offer any type of money, which is fine by us. We prefer the verdict," he said.
Martinez said she had been prepared to move on after the charges were dismissed, but the deaths of two more people at the hands of federal agents in Minneapolis changed her mind. "Look at what happened to Renee and all these victims," she said. "So I won't stop. I have a voice, and I do matter, and I don't want it to keep happening. I don't. I just don't. So I want to spread awareness because what's happening is not normal. We shouldn't stay here and normalize what's happening."
The case comes amid broader scrutiny of federal law enforcement tactics. Recent incidents have fueled debates over the use of force, as seen in President Trump's confrontations with the media and his administration's hardline immigration policies. The lawsuit also highlights tensions between federal agents and local communities, a theme echoed in Trump's dismissive remarks about protesters.
Martinez's attorneys are hopeful that the independent analysis will be a turning point. "It's actual, concrete physical evidence and science by an independent expert that shows the agent lied about where he was," Parente said. The case is set to proceed in federal court, where a judge will determine whether the government's version of events holds up against the new evidence.
