CHICAGO (NewsNation) — Federal prosecutors have dismissed charges against a woman who was shot by U.S. Border Patrol agents in Chicago’s Brighton Park neighborhood after officials originally accused her of assaulting agents with her vehicle in early October.
The U.S. Attorney’s Office filed a motion Thursday to dismiss the indictment against Marimar Martinez and Anthony Ian Santos Ruiz, both of whom were facing assault charges. Prosecutors alleged that Martinez, 30, and Ruiz, 21, were tailing a government vehicle being driven by federal agents in separate cars and that they attempted to box the vehicle in.
Martinez and Ruiz were charged with assaulting, impeding and interfering with a federal law enforcement officer.
In court documents, federal prosecutors alleged Martinez was driving a Nissan Rogue and that Ruiz was allegedly driving a GMC Envoy that reportedly collided with an SUV being driven by a Border Patrol vehicle. The documents said that Martinez reportedly side-swiped the agent’s vehicle in the Oct. 4 incident.
The agent, identified as Charles Exum, then fired multiple shots at Martinez, who suffered gunshot wounds. Martinez was hospitalized and was reportedly in critical condition after being hit by gunfire multiple times, NewsNation previously reported.
Martinez’s attorney argued that the Department of Homeland Security’s narrative was not backed up by the bodyworn camera being used by the federal agents. Court documents showed that Exum was allowed to drive the vehicle he was in during the incident to Maine before Martinez’s attorney could review it.
Prosecutors pushed for the two residents to remain in federal custody after they were arrested, but a federal judge disagreed, allowing them to be released on bond, NewsNation local affiliate WGN reported.
The Chicago Sun-Times reported Exum then reportedly bragged about the incident in text messages, writing, “I fired 5 rounds and she had 7 holes. Put that in your books, boys.”
A judge is expected to approve the dropping of the charges in a hearing scheduled for Thursday afternoon in Chicago.
The U.S. attorney’s office is constantly evaluating new facts and information relating to cases and investigations arising out of Operation Midway Blitz, the largest ever law enforcement surge in the Northern District of Illinois,” Joseph Fitzpatrick, a spokesman for U.S. Attorney Andrew Boutros, said in a statement issued by the Department of Justice.
“This continuous review process applies to all matters — whether charged or under investigation. It helps ensure that the interests of justice are served in each and every case, and that those cases that are charged are appropriately adjudicated through our federal court system.”