Federal prosecutors are conducting a criminal investigation into the Border Patrol agent accused of shooting a woman five times in Chicago in October, according to the woman’s lawyer.
Christopher Parente, an attorney for Marimar Martinez, said an assistant U.S. attorney in Indiana confirmed to him that Border Patrol agent Charles Exum is the subject of an investigation into the shooting of Martinez, a 31-year-old U.S. citizen and Montessori school teacher.
Lawyers for the government — which unsuccessfully tried to prosecute Martinez for assaulting an officer — have stated in court that there was a “separate but related ongoing criminal investigation,” but have not specified its focus, according to MS NOW’s review of filings.
A spokesperson for the U.S. Attorney’s Office in the Northern District of Indiana told MS NOW that department regulations prohibit the office from confirming or denying the existence of an investigation. A spokesperson for the Department of Justice declined to comment.
A spokesperson for Customs and Border Protection told MS NOW that Exum was placed on administrative leave “consistent with policy.” It’s not clear when Exum was placed on leave or whether he is still on leave.
The spokesperson added that the agency “is committed to the highest standards of conduct, transparency, and accountability,” and that all use-of-force incidents are investigated and reviewed by the National Use of Force Review Board, a body that includes both senior Border Patrol personnel and representatives from the Justice Department. It’s not clear whether the findings of that review will be made public, or whether it has concluded.
Parente said Wednesday that he believes Exum is under investigation due to newly released photographs suggesting the agent fired two shots at Martinez as she was driving away from him — contrary to Exum’s claims that he fired all five shots at Martinez as she was driving toward him.
“It’s extremely troubling that he’s shooting at a fleeing vehicle, which is a violation of the Border Patrol’s published use of force policy,” Parente said.
Parente told MS NOW the case was being pursued by the U.S. Attorney’s office in South Bend, Indiana, because Exum was slated to be a witness in the government’s now-defunct criminal case against Martinez, which would have created a conflict of interest for the Chicago office.
The Department of Homeland Security and Exum did not respond to MS NOW’s requests for comment.
The latest developments indicate a remarkable turn of events in the case, which began with the government branding Martinez and her former co-defendant, Anthony Ian Santos Ruiz, as “domestic terrorists.” Federal officials claimed the two “ambushed” and “rammed federal agents with their vehicles” in the Oct. 4 encounter in Chicago, during a period when the federal government had sent hundreds of additional agents into the city to round up people for deportation.
The government alleged the two were part of “a convoy of civilian vehicles” attempting to interfere with their immigration enforcement operations. Martinez pleaded not guilty and said Exum sideswiped her car and fired five gunshots at her within two seconds of exiting his vehicle, according to court documents.
The government’s attempt to prosecute Martinez and Ruiz fell apart after texts released in court showed Exum bragging about shooting Martinez. One exchange shows him sending an article from The Guardian describing the shooting, with the officer writing, “5 shots, 7 holes.” In another, he bragged: “I fired 5 rounds and she had 7 holes. Put that in your book boys.”
The government moved to dismiss the case shortly after.
But the case continued after a group of news organizations — including The Washington Post, the Chicago Sun-Times and the Chicago Tribune — filed a motion demanding more evidence be released, records Martinez also was seeking. Last week, a judge ordered the evidence to be released, and more than 240 files were made public this week. Parente argued the files provide rare insight into how the Department of Homeland Security responds to the shootings of civilians, and said Martinez saw them as especially significant following the recent fatal shootings in Minneapolis. Because she survived, he said, “Marimar was able to get discovery in this case that shows you exactly how this agency handles a shooting in the immediate aftermath, and it’s scary.” MS NOW’s review of the files shows that key elements confirm Martinez’s account and undermine the government’s. Body camera footage, for example, confirms her claim that five shots were fired within seconds of agents exiting their car. DHS had suggested Martinez was “armed with a semi-automatic weapon,” but photos taken of the inside of the car show Martinez’s gun in a holster at the bottom of her purse. Messages released in the new evidence dump also provide more insight into how Exum and high-ranking officials responded in the aftermath. One file shows an email in which former Border Patrol commander Greg Bovino praised Exum for his “excellent service in Chicago” and offered to extend his retirement age. “What message does this send to all the agents?” Parente asked Wednesday. In other texts Exum sent to a group of fellow agents after the incident, he said, “everyone has been” supportive, including Bovino, Homeland Security Secretary Kristi Noem, Border Patrol Chief Michael Banks and someone who Exum calls “El Jefe himself,” which translates to “the boss” in Spanish.
Julianne McShane is a breaking news reporter for MS NOW who also covers the politics of abortion and reproductive rights. You can send her tips from a non-work device on Signal at jmcshane.19 or follow her on X or Bluesky. Recommended
