Watch CBS News

Hearing set on feds' handling of Border Patrol agent's SUV after he shot woman in Chicago

A hearing has been scheduled for Wednesday into claims that federal authorities destroyed evidence by allowing a Border Patrol agent to drive his SUV back to Maine after he shot a woman accused of ramming his vehicle last month in Chicago.

In a filing on Monday, federal prosecutors said a mechanic in Maine tried to remove some scuff marks from the agent's Chevrolet Tahoe after he brought it back to his station in Maine, but made no actual repairs or alterations to the vehicle, which has since been brought back to Chicago.

The filing contains the government's most detailed account of what happened to the agent's vehicle after he shot Marimar Martinez near 39th and Kedzie in the Brighton Park neighborhood on Oct. 4, after she allegedly rammed his SUV.

Martinez's attorney is seeking a hearing to determine whether federal authorities improperly destroyed evidence in the criminal case against her by allowing the agent to take his Chevrolet Tahoe to Maine days after the shooting, rather than keeping it at an FBI evidence garage for more thorough forensic testing.

Marimar Martinez has been charged with using a vehicle to assault, resist, or impede federal agents. She has pleaded not guilty.

Her attorneys have argued that, before they could inspect the agents vehicle for themselves, a supervisor allowed him to drive it back to his assigned CBP station in Maine.

According to prosecutors, immediately after the shooting in Brighton Park, the agent's SUV remained at the scene where FBI agents and evidence teams took photos of the vehicle, before it was taken to the FBI's Chicago office for processing.

Once there, evidence teams took more photos of the SUV, and collected paint samples from the damaged areas, and downloaded contents of the vehicle's onboard computer, before the Border Patrol agent was allowed to remove it from the FBI facility.

Days later, the CBP agent drove the Tahoe to the Dirksen Federal Courthouse in downtown Chicago for an interview with prosecutors and the FBI, after which his temporary assignment in Chicago came to an end, and he drove the vehicle back to Maine.

The agent told prosecutors he "did not take any steps to wash, repair, or alter the exterior" of the vehicle after retrieving it from the FBI office in Chicago, and his supervisor in Maine later authorized having it repaired "understanding that the vehicle had been fully processed by the FBI and that, therefore, there was no further need to preserve the vehicle's condition as evidence," according to court filings.

On Oct. 14, a CBP mechanic began working on the SUV, using a brake cleaner ona shop rag to try to wipe off scuff marks.

"The mechanic stated that he used some pressure, as one would do waxing a car with a light circular motion. The mechanic did not repair any of scratches or dents on the vehicle," prosecutors said.

After U.S. District Judge Georgia Alexakis ordered the Tahoe brought back to Chicago on Oct. 16, the agent notified his station in Maine that no one should touch the vehicle, and it was picked up a week later to be brought back to Chicago, where it was inspected by Martinez's attorneys on Oct. 30, according to prosecutors.

Prosecutors argued that a hearing into the government's handling of the SUV "is not warranted at this time" given the account they have provided to the court.

However, Martinez's lawyers argued that prosecutors' "Karate Kid wax on, wax off narrative" about the handling of the vehicle does not preclude a hearing into whether evidence was destroyed.

"The government's last-minute attempt to control the narrative and short circuit this hearing by telling the Court that the FBI took some photographs and paint chips so there is 'nothing to see here," demonstrates the absurdity of their handling of this situation," attorney Christopher Parente wrote in response to the government's finding. "Fortunately, that is not how the justice system works – where all defendants, Ms. Martinez included, are allowed to inspect critical evidence, which is why agents, and prosecutors, are routinely trained on evidence preservation issues"

Parente argued that the federal government should have known from the beginning that the agent's SUV should have been preserved as evidence in the criminal case against Martinez, given that she's accused of ramming the agent's vehicle, especially since she disputes those claims.

Martinez's attorney said a hearing is still required into whether the feds mishandled evidence in allowing the SUV to be driven back to Maine.

"The government's attempt to short circuit this hearing because they have turned over a few self-serving reports authored by the same people who mishandled the evidence in this case should be denied outright," Parente wrote. "There are many questions that need to be asked regarding not only what happened to this vehicle during the 25 days it was out of the FBI's chain of custody, but also as to the motivations of the parties who asked for the evidence to be released and later repaired."

According to federal court records, Judge Alexakis plans to have more questions for prosecutors and defense attorneys on Wednesday, and both sides should be prepared for a hearing into the allegations that the government destroyed evidence in the case.

A trial on the charges against Martinez has been scheduled for Feb. 2. Also charged alongside her is 21-year-old Anthony Ian Santos Ruiz, who also is accused of ramming the agent's vehicle. Ruiz also has pleaded not guilty.

Federal prosecutors have said the pair were part of a group of vehicles that "boxed in" federal immigration agents near 39th and Kedzie on Oct. 4, before Martinez and Ruiz allegedly rammed one agent's vehicle.

The Justice Department has said agents got out and fired five shots at Martinez, who was still inside her car

Ruiz and Martinez both left the scene after the crash, but Ruiz was arrested outside his business a short time later, and Martinez was arrested at an auto body shop about a mile away.

She was taken by ambulance to a hospital where she was treated, then released. Both were ordered released from custody ahead of trial.


NOTE: The video above is from a previous report.

View CBS News In
CBS News App Open
Chrome Safari Continue