Chicago woman survived five bullets shot by CBP officer. Now she files a federal lawsuit: ‘The reality is the shoot wasn’t justified’

Marimar Martinez has filed a federal civil lawsuit against the United States government following an incident in October where she was shot five times by a Customs and Border Protection agent, NBC News reports. The lawsuit, filed on Monday, comes exactly one year after the shooting occurred in Chicago during the immigration enforcement surge known as Operation Midway Blitz.

Martinez, who works as a teaching aide at a Montessori school, is seeking legal recourse under the Federal Tort Claims Act. Her legal team, led by attorneys Michael Gallagher and Christopher Parente, alleges that the agent involved, Charles Exum, was never in danger for his life. They are now pushing the Justice Department and local prosecutors to pursue criminal charges against him.

The attorneys presented a visual reconstruction at a news conference on Monday to challenge the original account of the event. By analyzing bullet markings on the vehicle, the nature of Martinez’s wounds, and available surveillance footage, they argue that Exum was not in front of the car when he opened fire. One bullet actually passed through the side of the rear passenger seat, which supports their claim that Martinez was driving away from the agent rather than toward him.

This legal action brings several serious allegations to the table, including negligence, battery, assault, and malicious prosecution

“The reality is the shoot wasn’t justified. She almost lost her life as a result. She’s been dealing with the physical and mental injuries ever since then,” Gallagher said. He also stated, “He was in no way, shape or form in the path of the vehicle. She was actually driving away from him, and we established that he charged her.”

It is important to note that federal agents generally cannot be sued directly, which is why the lawsuit is directed at the federal government. Following the incident, Martinez and another person at the scene were initially charged with attempting to ram federal officers with their vehicles. These charges were eventually dropped after federal prosecutors filed a motion to dismiss the case. This decision followed the discovery of additional video evidence and text messages sent by Exum.

According to records presented at a hearing, Exum bragged about the shooting in a group Signal chat with other agents. He wrote, “I fired 5 rounds and she had 7 holes. Put that in your book boys.” In another instance, he sent a news article about the event along with the message, “Read it. 5 shots, 7 holes.” When asked about these comments during a hearing, Exum reportedly replied, “I’m a firearms instructor and I take pride in my shooting skills.”

The lack of body camera footage from Exum complicates the situation significantly. While the Department of Homeland Security announced in August that ICE officers and agents in the field would be required to wear body cameras, Exum was not equipped with one at the time of the shooting.

The Department of Homeland Security confirmed that Exum was placed on administrative leave consistent with policy, though they did not clarify his current employment status. The Justice Department has declined to comment on the ongoing litigation.

For Martinez, the focus remains on her recovery and seeking accountability. “Right now, we’re just focused on moving forward with the civil case and just heal emotionally and physically,” she said at the news conference. She added, “I’m just glad to see another year, be with my family. I want to spread awareness, because what’s happening is not normal. We shouldn’t stay here and normalize what’s happening.”