Chicago Police Investigate Border Patrol Shooting of Marimar Martinez

Specialized CPD unit examines October shooting during Operation Midway Blitz

CHICAGO — The Chicago Police Department has assigned a specialized investigative unit to examine the October 4 shooting of Marimar Martinez, who was wounded by U.S. Border Patrol agent Charles Exum during the Trump administration’s Operation Midway Blitz immigration enforcement campaign, according to information obtained by the Chicago Sun-Times.

The case is now being handled by CPD’s Investigative Response Team, a unit responsible for examining officer-involved shootings within Chicago, including incidents involving outside law-enforcement agencies. Any decision to pursue felony charges would ultimately rest with Cook County State’s Attorney Eileen O’Neill Burke, whose office said Tuesday that it would seek justice where evidence and the law support prosecution.

Martinez’s shooting is among the most prominent unresolved allegations involving federal immigration agents during Midway Blitz, the aggressive deportation operation that swept through Chicago nearly a year ago. No federal agent has been charged with an on-duty crime connected to the operation.

CPD’s Investigative Response Team was established in 2017 after the fatal police shooting of teenager Laquan McDonald and is staffed by veteran detectives, many of whom previously worked homicide cases. The department’s most recent annual report describes the team as responsible for investigating all officer-involved shootings in the city. Chicago’s inspector general reported that the unit had 31 members assigned as of July.

Martinez submitted evidence in August police report filing

Martinez joined other residents at CPD’s Area 3 headquarters in North Center on August 10 to file reports alleging misconduct by federal agents during Midway Blitz. Her attorney, Christopher Parente, a former federal prosecutor, accompanied her as she provided officers with a USB drive containing evidence, according to a police report.

Martinez said she had been driving to donate clothing at a church on October 4 when she encountered Exum’s Chevrolet Tahoe. She said she followed the vehicle for at least 20 minutes, honking and shouting “la migra” to alert people to the presence of immigration officers.

According to the report Martinez gave police this month, the Tahoe swerved into her Nissan Rogue and struck its front-right side after she pulled alongside it. Martinez said she stopped, drove around the Tahoe to avoid further confrontation and was then fired upon as she passed the vehicle. She was hit five times and sustained seven wounds, according to her attorney.

Body-camera footage released in February showed Exum appearing to turn the Tahoe toward Martinez’s vehicle after agents inside said, “it’s time to get aggressive” and “we’re going to make contact, we’re boxed in.” Exum told the FBI that he fired five shots through Martinez’s front windshield, but Parente disputes that account, saying the available evidence indicates shots entered through multiple areas of the Rogue.

Federal cooperation could shape potential prosecution

After the shooting, Martinez stopped at a repair shop, was taken to a hospital and later placed in federal custody. Authorities initially accused her and another man of ramming Exum’s vehicle, but the U.S. Attorney’s Office dropped the criminal charges on November 20.

The Department of Homeland Security has described Martinez as a “rioter” and alleged that she ambushed federal agents. The department has said Exum was placed on administrative leave, though it has not provided further details. The FBI and the U.S. attorney’s office in northern Indiana declined to comment on the status of any federal review. Martinez has said federal authorities had not interviewed her as of earlier this month.

Burke’s office has adopted a protocol for cases involving federal immigration officials that contemplates grand-jury subpoenas and requests for federal records, video and other evidence. But the policy also acknowledges that federal agencies are not required to comply with subpoenas issued by state prosecutors, a potential obstacle if investigators need evidence or testimony held by the government.

Parente said Martinez is expected to file a lawsuit against the federal government in coming weeks. Cook County Commissioner Jessica Vasquez, who organized the August reporting event, called for CPD to fully investigate Martinez’s case and other allegations brought by residents. The police investigation remains ongoing, and no charging decision has been announced.