US Citizen Shot by CBP Agent Files Lawsuit Alleging Deception

An American citizen shot by a Customs and Border Protection (CBP) agent one year ago during an immigration crackdown in Chicago has filed a lawsuit against the federal government. The suit alleges the agent lied about the shooting and fired into her vehicle from behind.

Federal prosecutors had initially accused Marimar Martinez, then 30, of using her vehicle to strike and box in agent Charles Exum’s SUV on Chicago’s southwest side on Oct. 4, 2025, during what was termed “Operation Midway Blitz.” Exum then exited his car and opened fire, leaving Martinez with seven gunshot wounds. In the month following the shooting, prosecutors moved to dismiss the charges against Martinez.

Martinez's legal team stated Monday that an expert analysis of bullet trajectories and her injuries indicated Exum was not in the path of her car when he opened fire. According to her attorneys, Exum walked several feet toward her vehicle, contradicting his statements to the FBI. They claim he fired five shots in less than a second, with the final shot coming from behind her vehicle.

"Charles Exum told the FBI agent on that day, within hours of the shooting, that Marimar was driving her car directly at him, that he shot her five times through the windshield, and that he ceased firing once he was no longer in the path of the vehicle. Those are three objective lies that you’ll see here today," said Chris Parente, one of Martinez's attorneys.

Parente noted that only three bullet holes were found in Martinez’ windshield on the right passenger side, suggesting she was not driving directly at the agent. He added that a fourth shot went through the front passenger side window, and a bullet hole in the back of Martinez’s car seat indicated the agent fired the fifth shot from behind her.

CBP issued a statement acknowledging that Exum had been placed on administrative leave and that use-of-force incidents are "thoroughly investigated, reviewed, and presented" to an independent board. Exum is not named as a defendant in the lawsuit, which was filed under the Federal Tort Claims Act.

Body-worn camera footage from another agent reportedly captured agents making aggressive and profane comments encouraging violence before the shooting, according to the complaint. Martinez was arrested by the FBI and taken from the hospital hours after the shooting, despite being "wheelchair bound and her bullet holes were leaking blood through her bandages," the lawsuit stated. A judge ordered her release two days later.

Previously released messages showed the former head of Border Patrol had praised Exum for his "excellent service in Chicago" after the shooting. Other messages indicated agents in a group chat congratulated Exum and called him a "legend."

Martinez’s case is among several instances of individuals being shot in their vehicles by federal agents during immigration crackdowns. Similar incidents occurred in Austin, Texas, last month, and in Biddeford, Maine, in July. The Trump administration had previously justified such shootings as self-defense against individuals allegedly weaponizing their vehicles.

Martinez stated at a press conference Monday that the pattern of shootings motivated her to file the lawsuit, citing the cases of other victims, including Renee Good, who was shot and killed in her vehicle by a federal agent in Minneapolis in January. "What’s happening is not normal. We shouldn’t stay here and normalize what’s happening," she said.