Border Patrol agents in Chicago last month.Nam Y. Huh/AP
Remember the horrifying text messages that caught a Border Patrol agent bragging about shooting someone in Chicago last month?
Well, it seems that those texts—and the looming release of even more potentially damaging messages—are now prompting federal prosecutors to move to dismiss their charges against the woman, who prosecutors had accused of assaulting an officer.
A bit of a refresher on the case: On October 4, Charles Exum, a supervisory Border Patrol agent, shot Marimar Martinez, a US citizen, multiple times and accused Martinez of ramming her car into his vehicle. Martinez was part of what the government alleged was “a convoy of civilian vehicles” that had been trailing the federal agents during their immigration enforcement operations. A lawyer for the government said Martinez had been broadcasting the incident on Facebook Live for a couple of minutes before the shooting.
As I wrote earlier this month:
When Exum got out of the car, Martinez allegedly drove her car “at” him, and the officer then fired five shots at her.
Martinez has pled not guilty, and contests the government’s allegations. In her account, Exum sideswiped her car, and fired the five gunshots at her “within two seconds” of exiting his vehicle, according to court documents filed by her lawyer. After driving about a mile from the scene, Martinez took an ambulance to a hospital, where she was treated for gunshot wounds and later arrested. She has been released from custody on $10,000 bond; a jury trial is scheduled for February.
This all occurred as federal officials were conducting immigration raids in the Chicago area, as part of an action dubbed “Operation Midway Blitz” by the Department of Homeland Security (DHS).
Soon after, court documents revealed Exum expressing pride over the shooting. As I wrote:
In one exchange, the agent sent an article from the Guardian describing the shooting, adding, “5 shots, 7 holes.” In another, he clarified that he was explaining his pride of his abilities as a marksman: “I fired 5 rounds and she had 7 holes. Put that in your book boys.” (Reuters reported that, when asked about these messages at a court hearing on Wednesday, Exum said: “I’m a firearms instructor and I take pride in my shooting skills.”)
In other messages, Exum wrote: “I’m up for another round of ‘fuck around and find out’” and “Sweet. My fifteen mins of fame. Lmao.”
According to CNN, Martinez’s lawyer, Christopher Perente, asked Exum about another text, in which Exum wrote about the incident: “I have a MOF amendment to add to my story.” Exum explained ‘MOF’ meant “miserable old fucker,” a term meant to refer to someone trying to one-up others, per CNN’s account. Exum explained the text by saying: “That means illegal actions have legal consequences.”
Following that explosive hearing, a federal court directed the government’s lawyers to provide the agent’s unredacted texts to the judge for her private review. Then, on Monday, the judge told the government’s lawyers they needed to provide the texts to Martinez’s lawyer, which would wind up making them public. But rather than do that, the government on Thursday moved to dismiss the case entirely, just hours before another hearing was scheduled to take place.
So what do those additional texts say? For now, we don’t know. Neither the lawyer representing Martinez nor spokespeople for the Department of Justice and Border Patrol immediately responded to requests for comment from Mother Jones on Thursday afternoon.
But for the government to drop the case entirely, there’s a good chance they are even more embarrassing for Exum than the previous texts were. And they likely add to a disturbing trend our reporting has repeatedly revealed: The federal agents the government claims are helping the supposedly terrified residents of American cities are, in fact, posing a danger to residents themselves. And sometimes, they’re even bragging about it afterwards.
