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Chicago Woman Shot 5 Times by Border Patrol Agent Files Federal Lawsuit
A Chicago woman who was shot five times by a Customs and Border Protection agent during an October 2025 immigration operation filed a federal lawsuit, alleging the agent lied to the FBI about the shooting and fired from behind her vehicle. Federal prosecutors initially charged her but dropped all charges a month later.
Quick Facts
- U.S. citizen shot by Border Patrol agent
- Federal lawsuit filed against U.S. government
- Initial assault charges dropped by prosecutors
- Ballistic analysis commissioned by attorneys
- Body-worn camera footage reviewed




Marimar Martinez, a 30-year-old U.S. citizen, filed a federal lawsuit on October 6, 2026, against the Department of Homeland Security, alleging that Customs and Border Protection agent Charles Exum shot her five times without justification during "Operation Midway Blitz" on October 4, 2025, in Chicago's southwest side.
According to Martinez's account and her legal team's analysis, she was driving in her neighborhood when she noticed immigration officers and followed them while honking her horn and shouting warnings. She stated that the Border Patrol vehicle swerved into and struck her truck first. When agent Exum exited his vehicle and pointed a gun at her, Martinez said she attempted to drive away. She was then shot, sustaining seven gunshot wounds total.
Martin's attorneys commissioned ballistic experts who determined that Exum was not in the path of her vehicle when he opened fire. They allege he walked several feet toward her car and fired five shots in less than a second, with the final shot fired from behind her vehicle. The lawyers presented evidence showing only three bullet holes in the windshield on the right passenger side—inconsistent with Exum's statement to the FBI that she was driving directly at him. Body-worn camera footage from another agent in Exum's vehicle captured agents saying it was "time to get aggressive" before the shooting, according to the lawsuit.
Initially, federal prosecutors charged Martinez with assaulting federal agents by using her vehicle to strike and box in Exum's SUV. However, prosecutors dropped all charges one month after the shooting in a dramatic reversal. The Department of Homeland Security had labeled her a domestic terrorist. The lawsuit was filed under the Federal Tort Claims Act, which does not allow individual agents to be named as defendants. Exum has been placed on administrative leave. The suit seeks accountability and transparency regarding the shooting.
Why This Matters
The lawsuit tests the Federal Tort Claims Act's limits on claims against federal agents and seeks records about use-of-force decisions; the outcome could affect how federal agencies handle similar shooting cases. The Department of Homeland Security has placed the agent on administrative leave while the litigation proceeds.
Timeline & Sources
Oct 4, 2025
WireMarimar Martinez shot by Border Patrol agent Charles Exum during Operation Midway Blitz in Chicago
Oct 4, 2025
WireFBI arrested Martinez from hospital while recovering from gunshot wounds
Oct 6, 2025
WireJudge ordered release of Martinez after two-day detention
Nov 4, 2025
WireFederal prosecutors filed to dismiss assault charges against Martinez (approximately one month after shooting)
Oct 6, 2026
WireMarimar Martinez filed federal lawsuit against U.S. government; attorneys presented ballistic evidence
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Sources
- Chicago Inmigracion Tiroteo Demanda Patrulla Fronteriza C4311c8e6e062d9620d3fa46d4c474aeapWireOct 6, 2026
- Chicago Immigration Shooting Lawsuit Customs Border Patrol C5d0fd9b5f19dc3e06881bf98facf67bapWireOct 6, 2026
- EN VIVO: Choque de autobús escolar en Florida deja dos muertos, entre ellos una estudianteTelemundoMediaOct 5, 2026
- Chicago woman shot 5 times by Border Patrol agent files federal lawsuitWGN-TVMediaOct 5, 2026