An American-born citizen who survived being shot multiple times by a federal immigration officer in Chicago final yr has introduced a lawsuit in opposition to the U.S. authorities, searching for to carry the agent who shot her accountable.
Attorneys for Marimar Martinez supplied reporters a forensic reconstruction of the Oct. 4, 2025, capturing that they are saying counters claims initially made by the Division of Homeland Safety {that a} U.S. Customs and Border Safety agent, Charles Exum, was susceptible to being struck by her automobile when he opened hearth.
Martinez, 31, and her legal professionals filed the federal lawsuit in Chicago on Monday.
Marimar Martinez, a Chicago girl who was shot by a Border Patrol agent final yr, listens to legal professional Christopher Parente at a press convention Monday, Oct. 5, 2026, in Chicago. (AP Picture/Nam Y. Huh)
Nam Y. Huh/AP Picture
Flanked by her attorneys at a information convention on Monday, Martinez mentioned she is taking the authorized motion in hopes it should forestall a repeat of what occurred to her.
“I wish to unfold consciousness as a result of what’s occurring shouldn’t be regular,” mentioned Martinez, a Montessori faculty instructor’s aide. “We should not sit right here and normalize what’s occurring, and I am not going to take a seat right here.”
The capturing occurred in the course of the Trump administration’s immigration crackdown in Chicago, which the federal government dubbed Operation Halfway Blitz.
A video that Martinez’s legal professionals performed of the reconstruction of the capturing purports to point out that Exum fired his government-issued Glock 47 handgun 3 times by means of the entrance of Martinez’s windshield, as soon as by means of the entrance passenger window, and once more by means of the rear passenger window.
“Inside two seconds of exiting the SUV and with out giving any verbal instructions or warnings, Agent Exum fired his weapon 5 occasions into Marimar’s automobile, putting her seven occasions,” the lawsuit alleges. “The bullet hit each of Marimar’s legs, her proper thigh, her proper forearm, and the fitting facet of her chest.”
Martinez’s legal professionals voiced frustration {that a} yr and a day after the capturing, the Division of Justice has not pressed costs in opposition to the agent. The attorneys are actually submitting their lawsuit by means of the Federal Tort Claims Act “for negligent or wrongful acts and omissions of its staff appearing throughout the scope of their employment.”
Marimar Martinez, a Chicago girl who was shot by a Border Patrol agent final yr, speaks at a press convention, Oct. 5, 2026, in Chicago.
Nam Y. Huh/AP Picture
“In what world can a U.S. legislation enforcement officer stand behind a automobile and hearth his Glock service weapon by means of the rear passenger window at a younger girl who’s crouched over the steering wheel … In what world are you able to justify that? You possibly can’t,” Martinez’s legal professional, Christopher Parente, mentioned at Monday’s information convention saying the lawsuit.
Martinez’s attorneys mentioned their evaluation of body-camera video from the CBP brokers of the incident confirmed Exum allegedly saying, “all proper, it is on now [expletive]” earlier than exiting his SUV and capturing Martinez after ramming her automobile.
The Division of Justice declined to touch upon ongoing litigation.
Within the instant aftermath of the capturing, the Trump administration labeled Martinez a “home terrorist” and alleged she was “armed with a semi-automatic weapon” when she ambushed and rammed right into a CBP agent’s automobile.
Martinez was discovered to have a handgun in her purse for which she had a license and a hid carry allow, based on her legal professional.
In November 2025, the Division of Justice abruptly and permanently dismissed the charges of assault with a lethal weapon in opposition to Martinez.
Proof launched in court docket later appeared to contradict a number of of the administration’s claims, together with that Martinez rammed the CBP automobile and was driving towards Exum when the agent opened hearth.
“The entry factors and trajectory of Agent Exum’s bullets present goal proof that Marimar was not driving towards Agent Exum when he fired his weapon, as he falsely claimed to the FBI,” the lawsuit alleges.
An ABC News analysis of the movies ordered launched by a federal choose appeared to point out armed brokers using within the automobile with Exum trying to taunt Martinez moments earlier than Exum appeared to swerve into her automobile.
In response to a request from ABC Information for touch upon Martinez’s lawsuit, DHS spokesperson reissued on Tuesday a earlier assertion, saying, “In line with coverage, Agent Exum was positioned on administrative depart. For additional questions or requests relating to this case, we refer you to the DOJ.”
Martinez’s lawsuit is the most recent in a sequence of authorized actions taken by individuals alleging they’ve been harmed by the Trump administration’s immigration crackdown.
The lawsuit got here 4 days after the household of Renee Good, who was fatally shot earlier this yr by a federal immigration officer in Minneapolis, filed two federal lawsuits in opposition to the U.S. authorities and a number of other high federal officers.
The lawsuits have been filed almost 10 months after Good, who was additionally a U.S. citizen and a mom of three, was within the driver’s seat of her Honda Pilot in the course of a residential avenue when an ICE agent opened hearth. Federal officers say the agent acted in self-defense after Good tried to ram him with her car, allegations her household’s attorneys allege are false.
“What occurred to her is totally mindless,” Good’s brother, Brent Ganger, mentioned at an Oct. 1 information convention after the swimsuit was filed. “The time is completely now for accountability. We is not going to be quiet. We is not going to go away.”
ABC Information’ William Hutchinson contributed to this story.
