Full Breakdown
Chicago Woman Files Federal Lawsuit Over 2025 Border Patrol Shooting
By Drooid · · How we work
The Lawsuit and Allegations
On October 5, 2026, Marimar Martinez—a Montessori teaching aide—filed a civil action in U.S. District Court under the Federal Tort Claims Act. The complaint names only the United States and alleges seven causes of action, including negligence, battery, assault, intentional infliction of emotional distress, false arrest, false imprisonment, and malicious prosecution. Martinez’s attorneys argue that Customs and Border Protection (CBP) Agent Charles Exum shot her five times without justification and that federal officials later labeled her a “domestic terrorist” and pursued criminal charges that were dismissed.
Forensic Reconstruction and Shooting Details
A forensic team hired by the plaintiffs used surveillance video, body-camera footage, bullet-hole analysis, and wound mapping. The analysis shows Martinez’s vehicle was moving away from Exum when the first three rounds entered through the passenger-side windshield. A fourth shot pierced the front-right passenger window, and a fifth passed through the rear passenger window after the car had passed the agent. The plaintiffs contend the trajectory evidence provides “objective proof” the shooting was unjustified.
Official Government Responses
The Department of Homeland Security (DHS) confirmed Exum was placed on administrative leave but declined further comment, referring questions to the Department of Justice (DOJ). A DOJ spokesperson did not comment on the pending litigation. Federal prosecutors had initially charged Martinez with assaulting a federal officer but dropped the charges after video evidence contradicted the agency’s narrative.
Conflicting Accounts and Evidence Gaps
The dispute centers on Exum’s claim that Martinez “rammed” his vehicle versus video and forensic evidence showing she was driving away. Early FBI statements placed Exum in front of the car, while reconstruction places him beside it. The DOJ has not released its internal investigation findings, leaving a gap between the agency’s public position and the plaintiffs’ evidence.
Verbatim Quotes
- “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,” — Michael Gallagher, attorney
- “I fired 5 rounds and she had 7 holes. Put that in your book boys.” — Charles Exum, CBP agent (as reported by NBC News)
- “In what world can a U.S. law enforcement officer stand behind a car and fire his Glock service weapon through the rear passenger window at a young woman who is crouched over the steering wheel? In what world can you justify that? You can't, which is why he lied about it and why they continue to lie about it,” — Christopher Parente, attorney (as reported by ABC 7 Chicago)
- “We are asking the Department of Justice to do something. It’s the Department of Justice. It’s not the Department of Republicans. It’s not the Department of Democrats. They have a civil rights division specifically there to investigate things like this.” — Christopher Parente, attorney (as reported by Chicago Tribune)
What’s Next
The case has been assigned to U.S. District Judge Edmond Chang and is slated for a bench trial. Martinez’s team hopes the forensic evidence will prompt criminal charges against Exum at the state level while seeking a judicial finding of liability against the federal government. DHS indicated Exum remains on administrative leave pending internal reviews. No further court dates have been scheduled beyond the initial filing.