Border Patrol agents say ‘time to get aggressive’ in footage that contradicts claims against Marimar Martinez

The Border Patrol agent who shot Marimar Martinez in October appeared to turn his steering wheel to the left, toward Martinez’s car, in body-camera footage of the incident released Tuesday by federal prosecutors in Chicago.

The agent did so right after agents inside the Chevrolet Tahoe he was driving said, “it’s time to get aggressive” and “we’re going to make contact, we’re boxed in.”

After the Tahoe collided with Martinez’s Nissan Rogue, an agent could be heard saying “we’ve been struck, we’ve been struck” as Border Patrol agent Charles Exum gets out of the vehicle. Five gunshots are then heard off-camera.

As the footage continues, another agent climbs out of the vehicle, points his weapon and yells “don’t you f—ing move” as he appears to secure the area.

The footage seems to undermine the initial Homeland Security claim that Martinez and another man “rammed” the Tahoe driven by Exum that also carried the two additional agents. It also appears to support Martinez’s claim that Exum swerved his Tahoe in her direction.

Now Martinez is expected to announce a new lawsuit stemming from the shooting at a press conference Wednesday with her attorneys. They say newly released evidence from the case will show that Exum lied to the FBI about firing all five shots into Martinez’s front windshield.

They’ve said previously that at least one bullet was likely fired from behind.

A Border Patrol agent’s steering wheel is turned to the left, toward a car driven by Marimar Martinez, moments before their vehicles collided in this screenshot from body-worn camera footage. Martinez was shot by Border Patrol agents Oct. 4 in Chicago. Homeland Security later said she rammed the agents’ car.

Martinez, 30, was shot five times by Exum and suffered seven wounds. She recently sought permission from U.S. District Judge Georgia Alexakis to release evidence from her case after immigration officers fatally shot Renee Macklin Good and Alex Pretti last month in Minneapolis.

Martinez is a teacher’s assistant at a Montessori school. She recently told the Chicago Sun-Times and WBEZ she intends to speak out because Good and Pretti can’t.

“I am their voice,” Martinez said. “I am here for a reason.”

Federal prosecutors had objected to the release of some of the evidence. But they ultimately released the records Tuesday after Alexakis ruled against them Friday. A spokesman for U.S. Attorney Andrew Boutros’ office declined to comment.

Christopher Parente, Martinez’s attorney, said he found it “ironic that after months of fighting the release of this evidence … the U.S. attorney’s office releases it at the 11th hour in a misguided attempt to take the sting out of just how damaging it is for the government.”

Text messages by Border Patrol agent Charles Exum after the Oct. 4 shooting of Marimar Martinez in Chicago.

In text messages after the shooting, Exum wrote that his superiors had been supportive, making references to U.S. Border Patrol Cmdr. Gregory Bovino, Border Patrol Chief Michael Banks and Homeland Security Secretary Kristi Noem.

“Big time,” Exum wrote. “Everyone has been including Chief Bovino, Chief Banks, Sec Noem and El Jefe himself … according to Bovino.”

“El Jefe” seems to be a reference to President Donald Trump.

Exum also shared that someone from Vermont texted him, “good job brother, glad you are unharmed and get to live to tell the story. You are a legend among agents you better f—in know that. Beers on me when I see you at training.”

The day of Martinez’s shooting, Bovino wrote to Exum that, “I’d like to extend an offer for you to extend your retirement beyond age 57. … In light of your excellent service in Chicago, you have much yet left to do!!”

An email from U.s. Border Patrol Cmdr. Greg Bovino to Border Patrol agent Charles Exum after the Oct. 4 shooting of Marimar Martinez in Chicago.

Meanwhile, a photo of the inside of Martinez’s car shows that the interior was covered with blood, including a Pure Life water bottle in a center console cup holder.

Alexakis allowed the release of evidence from Martinez’s case in a ruling Friday. Though prosecutors had said the release of Exum’s text messages could “sully” his reputation, the judge noted that the Trump administration had shown “zero concern about the sullying of Ms. Martinez’s reputation.”

The interior of Marimar Martinez’s car after her shooting on Oct. 4 by Border Patrol agents in Chicago.

Martinez is taking an increasingly prominent role in resisting the Trump administration’s deportation campaign. She spoke to Democratic members of Congress last week in Washington, D.C., where she invoked the names of Silverio Villegas Gonzalez and Keith Porter, who were also killed by immigration officers in recent months.

Martinez has also called upon Homeland Security to rescind its claim that she is a “domestic terrorist.” The agency has refused to take it back.

Martinez followed the Tahoe driven by Exum on Oct. 4. She honked her horn, yelled “la migra” and tried to warn people about the agents.

She said she pulled her Rogue beside the Tahoe near 39th and Kedzie, where she said Exum swerved toward her Rogue and their vehicles swiped each other.

Martinez said she stopped her Rogue but feared being “manhandled” by the agents, so she drove away. She said she drove to her “farthest left,” to avoid the agents climbing out of their vehicle on her right. But as she passed, she said Exum opened fire.

She pulled over at a repair shop, was taken to a hospital and eventually into federal custody. Authorities then alleged that Martinez and another man “rammed” Exum’s car.