Border Patrol Shooting Lawsuit
Chicago School Aide Sues U.S. Government Over Border Patrol Shooting
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Key Points
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Martinez was heading to a local church to donate clothes when she was shot in Brighton Park on Oct. 4, 2025.
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Her attorneys said the reconstruction placed Exum beside the vehicle for the first three shots through the passenger-side windshield; they said the next shots entered through the front passenger window and, after Martinez had passed him, the rear passenger window. They also said she was crouched against the steering wheel when the final shot was fired.
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The Tribune reported that prosecutors dropped the charges after it emerged that Exum had bragged to fellow agents about his marksmanship and was allowed to drive his vehicle back to his home district in Maine before Martinez’s lawyers could inspect it.
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The Chicago Police Department has opened an investigation into the shooting, assigned to a unit of experienced detectives expected to refer any potential case to Cook County prosecutors; the Sun-Times reported that no agent involved in Operation Midway Blitz had faced criminal charges for on-duty conduct at that point.
Marimar Martinez, a Chicago Montessori school aide, filed a federal lawsuit against the U.S. government after being shot five times by Border Patrol agent Charles Exum in October 2025. The New York Times reported that the lawsuit alleges negligence, assault, false arrest, and emotional distress during the incident in the Brighton Park neighborhood.
An independent forensic reconstruction commissioned by Martinez's attorneys suggests her car was moving away from Exum when he fired, contradicting federal officials' claims that she posed a threat. NBC News reported that federal assault charges against Martinez were later dropped after prosecutors learned Exum had bragged about his marksmanship to fellow agents.
The Shooting and Dismissal of Charges
On October 4, 2025, Martinez was driving to a local church to donate clothes when Border Patrol agent Charles Exum shot her five times during Operation Midway Blitz. Her attorneys' forensic reconstruction showed Exum fired three shots through the passenger-side windshield while standing beside the vehicle, then two more shots after Martinez had passed him—including a final shot as she crouched against the steering wheel.
The Tribune reported that prosecutors dropped the assault charges against Martinez after learning that Exum had told fellow agents he was a skilled marksman and was permitted to drive his vehicle back to his home district in Maine before her lawyers could inspect it. The dismissal raised questions about the initial decision to charge her.
Government Response and Criminal Investigation
The Department of Homeland Security placed agent Exum on administrative leave following the incident. The Department of Justice declined to comment on the pending litigation. The Sun-Times reported that the Chicago Police Department opened an investigation into the shooting, assigning experienced detectives to the case with instructions to refer potential charges to Cook County prosecutors.
As of the lawsuit filing, no agent involved in Operation Midway Blitz had faced criminal charges for on-duty conduct. Martinez's lawyers are urging federal and local authorities to bring criminal charges against Exum, citing what they describe as a clear departure from proper use-of-force procedures.
Civil Rights Allegations in Lawsuit
AOL News reported that Martinez's federal lawsuit alleges multiple violations including negligence, battery, false arrest, imprisonment, malicious prosecution, and infliction of emotional distress. The lawsuit challenges the government's account of the shooting and seeks accountability for what her attorneys characterize as an unjustified use of lethal force against an unarmed civilian.
The case highlights ongoing concerns about Border Patrol conduct during enforcement operations. Martinez's attorneys plan to use the forensic evidence showing her vehicle was moving away from the agent at the moment of the shots to support their claims of excessive force and negligence by federal officials.
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