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New video contradicts Border Patrol account of Chicago shooting, lawyer says

On Oct. 4, Marimar Martinez was driving to her church when she noticed an unusual vehicle on the road. It had no plates, a light under the windshield with a "Lyft" logo, and a driver that was wearing green camouflage. 

Martinez, an American citizen, honked her horn and shouted "la migra," a Spanish word used among members of the Latino community to identify immigration officers.

"I feel like it was my responsibility as a first generation Mexican-American to let my community know that ICE agents are nearby," she told correspondent Cecilia Vega. 

She said she followed the car for about 20 minutes, alerting nearby residents by honking and shouting while livestreaming on Facebook. That's when things took a dramatic turn. 

Martinez said the agents, driving a Chevrolet SUV, "rammed" into her car. Department of Homeland Security officials dispute this, saying Martinez "rammed" them. 

Both vehicles came to a stop. Martinez said she feared for her safety at that moment and decided she should drive "somewhere safe."

"I was like, 'I can't stay here. Like, they're gonna kill me. Who knows what they're going to do,'" she told Vega. 

U.S. Border Patrol agent Charles Exum fired five shots at Martinez's vehicle, according to court records. The Department of Homeland Security says he fired in self defense when he saw the car driving toward him. Bullets pierced Martinez's car and windshield. 

Martinez said minutes passed before she realized she had been shot. "I looked at my hand. It was full of blood… I saw, like, blood gushing out like a fountain," she told Vega. 

"I pulled out my phone and I was trying to type in 911, but I couldn't because my phone was covered in blood."

Martinez showed Vega the gunshot wounds, rolling up her sleeves and pants to show the scars on her right thigh, right arm and left leg.

"I want people to see, like, what's going on, like the type of stuff they're doing," Martinez said. 

After pulling into an auto repair shop and asking for help, Martinez was rushed to a hospital. Later, still bandaged and bleeding, Martinez was arrested by the FBI on charges of assaulting, resisting or impeding federal officers.

The Department of Homeland Security issued a statement the same day calling Martinez a "domestic terrorist."

"They were making it seem like I was, like, [Osama] Bin Laden's daughter… I had, like, these wounds. I was all bandaged up. And I just couldn't process it," Martinez said.

Department of Homeland Security Assistant Secretary for Public Affairs Tricia McLaughlin issued a statement on X the same day Martinez was shot: "Our brave law enforcement officers were rammed by vehicles and boxed in by 10 cars. Agents were unable to move their vehicles and exited the car… law enforcement was forced to deploy their weapons and fire defensive shots."

Martinez's lawyer, Chris Parente, showed 60 Minutes a new video that he said contradicts DHS's claim that Martinez had "boxed in" the agents with her car.

Parente showed Vega surveillance video he obtained from a business near the scene of the shooting. The video shows the agent's vehicle coming to a stop with no vehicles in front of it or on the left side of the vehicle.

"There was nobody in front of this agent. If he simply wanted to move forward on the street in the direction he was going, he could've continued on," Parente told Vega. 

The video then shows Martinez passing on the vehicle's left side moments after the Border Patrol agent Charles Exum opened fire.

"It shows there's nobody to the left of [the agent's] vehicle…she's in the far-left lane, she goes towards the curb, away from the agent, " he told 60 Minutes.

"You see no evidence of 10 people, a caravan anywhere?" Vega asked. 

"I don't see 10 people, and I certainly don't see anybody in the lane in front of him," Parente said. "Why can he not go forward?

Court proceedings also uncovered text messages from Agent Exum. In one exchange with fellow agents, he appears to brag about the shooting: "I fired 5 rounds and she had 7 holes. Put that in your book boys." 

Body camera footage discussed in court also revealed that an agent in Exum's car – while holding a weapon – said, "Do something, b****." Seconds later, Agent Exum opened fire.

"What do you think he meant by that?" Vega asked Martinez. 

"I feel like he wanted me to do something. Like, he was just like, trigger happy. He was just like… 'I want you to do something. Provoke us," Martinez said.

In a statement to 60 Minutes, DHS Assistant Secretary McLaughlin said, "On October 4, border patrol law enforcement officers were ambushed by domestic terrorists that rammed federal agents with their vehicles." She also said Martinez was "armed with a semi-automatic weapon and has a history of doxing federal law enforcement."

Martinez said she owns a gun but it was in her purse, holstered, throughout the entire interaction with the Border Patrol agents. 

"Living on the South Side as a girl? It's dangerous. You can't even walk alone. So you just got to be careful," she told Vega. 

As for the allegation of doxing, Martinez believes that may refer to a social media post written by another person that she re-posted: The post mentioned a YouTube channel and a book that an immigration officer had written. She said she has never shared a home address or names of family members of immigration agents.

"He was, like, a YouTuber and he had a book. And they put out that information… and I just shared it," she said. 

Last November, the U.S. Attorney's office in Chicago dropped the charges against Martinez and a judge dismissed the case.

Martinez is one of nearly 150 American citizens nationwide that the Department of Homeland Security says have been arrested for allegedly assaulting or obstructing federal agents. 

Vega asked what Martinez thought when she saw the video of Renee Good being shot and killed by ICE agent Jonathan Ross in Minneapolis. 

"Whatever she was thinking of, whatever ran through her head, that was me, because I've gone through it," she told Vega. 

The video above was produced by Will Croxton. It was edited by Nelson Ryland. Reporting by Andy Court, Cecilia Vega, Annabelle Hanflig, and Camilo Montoya-Galvez.

Video courtesy of Storyful and Getty Images.

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