Judge rules key evidence in Marimar Martinez shooting, including bodycam video and text messages, can be released
A federal judge in Chicago has ruled that key evidence in the Marimar Martinez shooting, including bodycam video and text messages, can be released to the public.
Martinez was shot five times in Brighton Park on Oct. 4, 2025 by a Border Patrol agent. The Department of Homeland Security claimed she chased them and rammed her car into an agent's car during an immigration protest near Pershing Road and Kedzie Avenue, but nearly two months after she was shot, federal prosecutors dropped assault charges that had been filed against her. A judge dismissed them with prejudice, which prevents the government from filing them against her again.
Attorney Christopher Parente has sought to have body camera video footage and other evidence from her criminal case released, arguing the Trump administration has continued to describe her as a "domestic terrorist" who rammed federal agents with her car, even after prosecutors dropped the criminal case against her.
Lawyers for the Trump administration had previously said they would not oppose the bodycam footage being released, but objected to releasing any text messages from Border Patrol agent Charles Exum, who shot Martinez. The judge ruled Friday that those texts should and will be released, saying the messages provide insight into Exum's perspective, his credibility and the response by DHS and other federal leadership to the shooting. Around 220 text messages, 180 of which are heavily redacted and about 20 that were previously unredacted will be released.
Court records in the case already have revealed text messages from Exum in which he appears to brag to fellow agents about the shooting: "I fired 5 rounds and she had 7 holes. Put that in your book boys."
Prosecutors have argued that making other text messages from Exum now that charges against Martinez have been dropped would "serve only to further sully Agent Exum, his family, and co-workers without any corresponding benefit to Ms. Martinez." The judge was not convinced by this argument, noting in court that the government showed "zero concern" about damage to Martinez's reputation. DHS officials have repeatedly publicly called her a "domestic terrorist."
"You don't call a U.S. citizen with no criminal history, a Montessori school teacher, a 'domestic terrorist,' which is such a loaded word in this country and repeat it over and over," Parente said after the hearing.
The judge did order the names of family members and third parties to be redacted from the messages being released.
The judge also ruled that images from flock cameras that captured Martinez's car for 30 days before the shooting can be released. The government did not oppose releasing body camera recordings, FBI interview reports, photos from the FBI response team, audio of Martinez's 911 call and recordings related to her custody and medical treatment.
However, it also came out in court Friday that there may be no body camera video of the shooting because Exum's camera was not turned on.
While the ruling was made Friday morning, it was not immediately clear when the evidence would be made public. Parente said said the defense plans to release the text messages, FBI interview reports, diagrams and other discoering material one a modified protective order is finalized.
He also claimed Exum was not wearing a body camera at the time of the shooting, despite being issued one.
The government has not yet responded to these latest claims, but both sides told the court they are optimistic remaining details can be resolved quickly.
Martinez plans to attend President Trump's State of the Union address to Congress later this month, according to her attorney. She will attend as the guest of U.S. Rep. Jesus "Chuy" Garcia (D-IL), her attorney revealed in a court filing.