Was Border Patrol Agent Charles Exum justified in shooting Marimar Martinez?
Border Patrol Agent Charles Exum shot Marimar Martinez during a Chicago vehicle confrontation. Agents said she drove at Exum; Martinez and a later state review said she was driving away.
Claim in dispute
Martinez and another driver struck and boxed in the Border Patrol vehicle, after which Martinez drove her vehicle toward the agent who fired five shots.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
The fixed reference point is Agent Charles Exum’s decision to fire five rounds at Marimar Martinez’s vehicle on October 4, 2025. Martinez’s decision to follow and alert others to the Border Patrol vehicle, the separate vehicle collisions and the later dismissal of criminal charges do not independently resolve whether she posed an imminent threat when Exum fired.
The federal probable-cause affidavit (opens in a new tab) presents the participating agents’ account. It alleges that Martinez and Anthony Ian Santos Ruiz used their vehicles to strike and box in the agents’ SUV and that, after the agents exited, Martinez drove toward the driver, who fired approximately five shots. The affidavit says only one of the three agents’ body cameras was activated. It was submitted to establish probable cause and expressly did not include every fact known to investigators.
In her February 3, 2026 Senate-forum statement (opens in a new tab), Martinez gave the opposing account. She said Exum steered into her vehicle, that she moved into the far-left lane to escape and that he shot her as she drove past and away. Her statement is direct first-person evidence but remains a disputed account rather than an adjudicated finding.
The Illinois Accountability Commission’s Brighton Park brief (opens in a new tab) reviewed available body-camera and surveillance material, vehicle photographs, witness interviews and court records. It said no publicly identified video captures the actual crash and shooting, but concluded that the available evidence indicated Exum steered into Martinez’s vehicle and fired while she was stationary or driving away. The commission found reasonable cause for further investigation of a shooting without apparent justification. That is a later state-commission finding, not a criminal conviction or civil judgment.
The Justice Department’s case page (opens in a new tab) records that the court granted the government’s motion to dismiss the charges against Martinez and Ruiz on November 20, 2025. The dismissal ended that prosecution but did not adjudicate the lawfulness of Exum’s gunfire.
WTTW’s report on the February 2026 evidence release (opens in a new tab) describes other agents’ body-camera material, surveillance photographs and messages sent after the shooting. It also reports that Exum’s body camera was not activated and that CBP placed him on administrative leave. The publicly available record therefore provides substantial evidence surrounding the event but does not supply a continuous recording of the decisive seconds.
Timeline
6 timeline entries on this page. Dates: October 4, 2025 to April 30, 2026
October 2025
2 events
Charles Exum shoots Marimar Martinez during Brighton Park vehicle confrontation
Incident
Border Patrol Agent Charles Exum fired five rounds at Martinez’s vehicle after a collision involving the agents’ SUV and civilian vehicles. Martinez sustained seven gunshot wounds. The parties dispute who caused the collision and whether Martinez drove toward Exum when he fired.
[01]Criminal complaint and affidavit in United States v. Marimar Martinez and Anthony Ian Santos Ruiz
Source excerpt
MARTINEZ drove the Martinez Vehicle at BPA 1.
FBI probable-cause affidavit presenting the participating Border Patrol agents’ account, photographs and one agent’s body-camera material. It alleges Martinez drove toward an agent before five shots were fired. It was filed to establish probable cause, not to adjudicate the shooting, and the resulting charges were later dismissed with prejudice.
Criminal complaint and affidavit in United States v. Marimar Martinez and Anthony Ian Santos Ruiz · United States Department of JusticeCase 1:25-cr-00636, criminal complaint and affidavit, pages 1-9[02]Statement of Marimar Martinez to the United States Senate Forum on Immigration Agents’ Use of Force
Source excerpt
The Agent swerved into me. The Agent shot me as I drove away from him.
Martinez’s first-person written testimony describing the collision, shooting, hospitalization, prosecution and dismissal. It supplies her account of the disputed event and is not an independent adjudication.
Statement of Marimar Martinez to the United States Senate Forum on Immigration Agents’ Use of ForcePages 1-4, especially pages 1 and 3[03]Brighton Park Investigation Brief
Source excerpt
Agent Charles Exum shot an unarmed civilian without apparent justification.
Official Illinois Accountability Commission investigation brief based on available body-camera and surveillance material, vehicle photographs, witness interviews, court records and public reporting. It concluded there was reasonable cause for further investigation; it is not a criminal or civil judgment.
Brighton Park Investigation Brief · Illinois Accountability CommissionPages 3-11; determination on page 11Federal complaint alleges Martinez drove toward a Border Patrol agent
Claim
An FBI probable-cause affidavit alleged that Martinez and another driver struck and boxed in the Border Patrol vehicle and that Martinez drove toward the agent who fired. Martinez and Ruiz were charged with assaulting, resisting, impeding and interfering with federal officers.
[01]Criminal complaint and affidavit in United States v. Marimar Martinez and Anthony Ian Santos Ruiz
Source excerpt
MARTINEZ drove the Martinez Vehicle at BPA 1.
FBI probable-cause affidavit presenting the participating Border Patrol agents’ account, photographs and one agent’s body-camera material. It alleges Martinez drove toward an agent before five shots were fired. It was filed to establish probable cause, not to adjudicate the shooting, and the resulting charges were later dismissed with prejudice.
Criminal complaint and affidavit in United States v. Marimar Martinez and Anthony Ian Santos Ruiz · United States Department of JusticeCase 1:25-cr-00636, criminal complaint and affidavit, pages 1-9[04]Federal complaint charges two individuals with using their vehicles to assault federal agents in Chicago
Source excerpt
The court granted the government’s motion to dismiss the charges against both defendants.
Justice Department announcement summarizing the original charges and the government’s account. The page was later updated to record the November 20, 2025 dismissal of the charges against Martinez and Ruiz.
Federal complaint charges two individuals with using their vehicles to assault federal agents in Chicago · United States Department of JusticeOpening paragraphs and dismissal update
46 days between recorded events
November 2025
1 event
Federal charges against Martinez and Ruiz dismissed with prejudice
The federal court granted the government’s motion to dismiss the charges against both defendants with prejudice. The dismissal ended the prosecution but did not adjudicate whether Exum’s use of force was lawful.
[04]Federal complaint charges two individuals with using their vehicles to assault federal agents in Chicago
Source excerpt
The court granted the government’s motion to dismiss the charges against both defendants.
Justice Department announcement summarizing the original charges and the government’s account. The page was later updated to record the November 20, 2025 dismissal of the charges against Martinez and Ruiz.
Federal complaint charges two individuals with using their vehicles to assault federal agents in Chicago · United States Department of JusticeOpening paragraphs and dismissal update
75 days between recorded events
February 2026
2 events
Martinez gives her account at Senate forum
Reaction
Martinez submitted a written statement saying Exum steered into her vehicle and fired as she drove past and away. She described her injuries, detention and the subsequent dismissal of the charges.
[02]Statement of Marimar Martinez to the United States Senate Forum on Immigration Agents’ Use of Force
Source excerpt
The Agent swerved into me. The Agent shot me as I drove away from him.
Martinez’s first-person written testimony describing the collision, shooting, hospitalization, prosecution and dismissal. It supplies her account of the disputed event and is not an independent adjudication.
Statement of Marimar Martinez to the United States Senate Forum on Immigration Agents’ Use of ForcePages 1-4, especially pages 1 and 3Released evidence adds body-camera material, photographs and agent messages
Source release
Martinez and her attorney released evidence from the dismissed criminal case. Reporting described body-camera audio and video from other agents, surveillance photographs and messages sent after the shooting; Exum’s own body camera was not activated.
[05]New evidence contradicts Border Patrol agent’s claims in shooting of Chicago woman, attorneys say
Source excerpt
Much of it contradicts the narrative spread by DHS.
WTTW report on released agent messages, surveillance photographs and body-camera material. It records the competing interpretation advanced by Martinez’s attorney, notes that Exum’s camera was not activated and quotes CBP’s statement that Exum was placed on administrative leave.
New evidence contradicts Border Patrol agent’s claims in shooting of Chicago woman, attorneys sayEvidence release, body-camera description and paragraphs on administrative leave
78 days between recorded events
April 2026
1 event
Illinois Accountability Commission issues Brighton Park findings
Source release
The commission concluded there was reasonable cause to investigate Exum for shooting an unarmed civilian without apparent justification. It said the available evidence indicated Martinez was stationary or driving away, while noting that no public video continuously captured the crash and shooting.
[03]Brighton Park Investigation Brief
Source excerpt
Agent Charles Exum shot an unarmed civilian without apparent justification.
Official Illinois Accountability Commission investigation brief based on available body-camera and surveillance material, vehicle photographs, witness interviews, court records and public reporting. It concluded there was reasonable cause for further investigation; it is not a criminal or civil judgment.
Brighton Park Investigation Brief · Illinois Accountability CommissionPages 3-11; determination on page 11
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
Martinez and another driver struck and boxed in the Border Patrol vehicle, after which Martinez drove her vehicle toward the agent who fired five shots.
United States Department of Justice
Sources (2)
- Criminal complaint and affidavit in United States v. Marimar Martinez and Anthony Ian Santos Ruiz · United States Department of JusticeCase 1:25-cr-00636, criminal complaint and affidavit, pages 1-9
- Federal complaint charges two individuals with using their vehicles to assault federal agents in Chicago · United States Department of JusticeOpening paragraphs and dismissal update
Disputed claim
Agent Charles Exum steered the Border Patrol vehicle into Martinez’s vehicle and then shot her as she drove past and away from him.
Sources (1)
- Statement of Marimar Martinez to the United States Senate Forum on Immigration Agents’ Use of ForcePages 1-4, especially pages 1 and 3
Disputed claim
Available evidence indicates that Exum fired while Martinez was stationary or driving away, creating reasonable cause to investigate the shooting as apparently unjustified.
Illinois Accountability Commission
Sources (1)
- Brighton Park Investigation Brief · Illinois Accountability CommissionPages 3-11; determination on page 11
Response record
Responses
Latest recorded positions: 9. Dates: October 4, 2025 to September 9, 2026
Choose one response filter, or select All responses to see the full record.
4 responses on this page
Charles ExumDirectly involved "I did what I had to do to save my life."
Open source (opens in a new tab)Border Patrol agent appeared to brag about his accuracy after shooting Chicago woman five times, messages in court reveal · CNNCourt testimony sectionDefended or excusedCase context: Was Border Patrol Agent Charles Exum justified in shooting Marimar Martinez?
Why this label?
This directly justifies the shooting as self-defense.
This label describes the statement’s response within the context above.
Read context and background
Exum said he fired because he believed the shooting was necessary to save his life.
Role at the time: U.S. Border Patrol agent testifying in federal court
Before the statement
During cross-examination, Martinez’s attorney questioned Exum about messages he sent after the shooting.
After the statement
Exum’s testimony defended his use of force while the defense disputed his account of the collision.
Kristi Noem "Our agents had to protect themselves and shots were fired and an individual ended up in the hospital that was attacking these officers."
Open source (opens in a new tab)Protester shot in Chicago by Border Patrol agents who claim they were ambushed by convoy · ABC NewsParagraphs 2-6Defended or excusedCase context: Was Border Patrol Agent Charles Exum justified in shooting Marimar Martinez?
Why this label?
This explicitly presents the shooting as a defensive response to an attack.
This label describes the statement’s response within the context above.
Read context and background
Noem said agents fired to protect themselves from an attacker.
Role at the time: U.S. Secretary of Homeland Security
Before the statement
Noem described a confrontation in which she said vehicles cornered and threatened Border Patrol agents.
After the statement
DHS identified Martinez as the injured driver and continued to characterize the encounter as an ambush.
Protester shot in Chicago by Border Patrol agents who claim they were ambushed by convoy · ABC NewsParagraphs 2-6
U.S. Department of Homeland SecurityDirectly involved"Border Patrol law enforcement officers were ambushed by domestic terrorists that rammed federal agents with their vehicles."
Read the original text (opens in a new tab)Brighton Park Investigation Brief · Illinois Accountability CommissionPages 3-11; determination on page 11Defended or excusedCase context: Was Border Patrol Agent Charles Exum justified in shooting Marimar Martinez?
Why this label?
The department’s account supplies the asserted justification for the agents’ use of force.
This label describes the statement’s response within the context above.
Read context and background
DHS said Martinez and others ambushed and rammed agents, framing the gunfire as a response to an attack.
Role at the time: Federal department responsible for Border Patrol and immigration enforcement
Before the statement
DHS issued its account shortly after the Brighton Park shooting.
After the statement
Later video, ballistics evidence and witness accounts were cited by Martinez’s lawyers and state investigators to dispute that account.
Brighton Park Investigation Brief · Illinois Accountability CommissionPages 3-11; determination on page 11Gregory Bovino "In light of your excellent service in Chicago, you have much yet left to do!!"
Open source (opens in a new tab)New evidence contradicts Border Patrol agent’s claims in shooting of Chicago woman, attorneys sayEvidence release, body-camera description and paragraphs on administrative leaveDefended or excusedCase context: Was Border Patrol Agent Charles Exum justified in shooting Marimar Martinez?
Why this label?
The immediate praise and offer of continued service communicate approval of Exum’s conduct after the shooting.
This label describes the statement’s response within the context above.
Read context and background
Bovino praised Exum’s service and offered to extend his retirement age hours after the shooting.
Role at the time: Border Patrol commander overseeing Chicago enforcement operations
Before the statement
Bovino emailed Exum less than four hours after Exum fired five rounds at Martinez.
After the statement
The email later became public with other messages and body-camera material from the dismissed criminal case.
New evidence contradicts Border Patrol agent’s claims in shooting of Chicago woman, attorneys sayEvidence release, body-camera description and paragraphs on administrative leave
Sources
(9)
Original text
Criminal complaint and affidavit in United States v. Marimar Martinez and Anthony Ian Santos Ruiz
Relevant passage: Case 1:25-cr-00636, criminal complaint and affidavit, pages 1-9
Excerpt
"MARTINEZ drove the Martinez Vehicle at BPA 1."
About this source
FBI probable-cause affidavit presenting the participating Border Patrol agents’ account, photographs and one agent’s body-camera material. It alleges Martinez drove toward an agent before five shots were fired. It was filed to establish probable cause, not to adjudicate the shooting, and the resulting charges were later dismissed with prejudice.
- Author
- Caitlin Malone
- Published
- Accessed
Reporting
Border Patrol agent appeared to brag about his accuracy after shooting Chicago woman five times, messages in court reveal
Relevant passage: Court testimony section
Excerpt
"I did what I had to do to save my life."
About this source
CNN report on Exum’s federal-court testimony and the messages introduced during the hearing. The quoted statement directly states his claimed justification for firing.
- Author
- Omar Jimenez and Elizabeth Wolfe
- Published
- Accessed
Reporting
Protester shot in Chicago by Border Patrol agents who claim they were ambushed by convoy
Relevant passage: Paragraphs 2-6
Excerpt
"Our agents had to protect themselves and shots were fired."
About this source
Contemporaneous ABC News report quoting Homeland Security Secretary Kristi Noem’s explanation of why agents fired during the October 4 encounter.
- Author
- Luke Barr, Victoria Arancio, Gaby Vinick, Ivan Pereira and Bill Hutchinson
- Published
- Accessed
Official statement
Reps. García, Ramírez, Quigley, Jackson, Local Elected Officials and Immigration Advocates Call for Full Accountability for DHS Brutality and Meaningful Immigration Reform
Relevant passage: Quotation attributed to Lawrence Benito
Excerpt
"“Whether it be ... the shooting of Marimar Martinez ... or the murder of Silverio Villegas González, it’s been proven that ICE does NOT keep us safe.”"
About this source
The congressional press release compiles remarks from elected officials and immigration advocates calling for accountability and reform.
- Published
- Accessed
Official statement
Illinois Legislative Latino Caucus Statement on Illinois State Police Investigation into 2025 ICE Shooting
Relevant passage: Statement paragraphs addressing Silverio Villegas González and Marimar Martinez
Excerpt
"“For eight long months, evidence suggesting this shooting was unjustified ... has circulated in the public sphere.”"
About this source
The caucus responds to an Illinois State Police investigation and links the Villegas González and Martinez shootings to a broader pattern it attributes to federal agents.
- Author
- Illinois Legislative Latino Caucus
- Published
- Accessed
Reporting
New evidence contradicts Border Patrol agent’s claims in shooting of Chicago woman, attorneys say
Relevant passage: Evidence release, body-camera description and paragraphs on administrative leave
Excerpt
"Much of it contradicts the narrative spread by DHS."
About this source
WTTW report on released agent messages, surveillance photographs and body-camera material. It records the competing interpretation advanced by Martinez’s attorney, notes that Exum’s camera was not activated and quotes CBP’s statement that Exum was placed on administrative leave.
- Author
- Matt Masterson
- Published
- Accessed
Official statement
Federal complaint charges two individuals with using their vehicles to assault federal agents in Chicago
Relevant passage: Opening paragraphs and dismissal update
Excerpt
"The court granted the government’s motion to dismiss the charges against both defendants."
About this source
Justice Department announcement summarizing the original charges and the government’s account. The page was later updated to record the November 20, 2025 dismissal of the charges against Martinez and Ruiz.
- Published
- Accessed
Original text
Brighton Park Investigation Brief
Relevant passage: Pages 3-11; determination on page 11
Excerpt
"Agent Charles Exum shot an unarmed civilian without apparent justification."
About this source
Official Illinois Accountability Commission investigation brief based on available body-camera and surveillance material, vehicle photographs, witness interviews, court records and public reporting. It concluded there was reasonable cause for further investigation; it is not a criminal or civil judgment.
- Published
- Accessed
Original text
Statement of Marimar Martinez to the United States Senate Forum on Immigration Agents’ Use of Force
Relevant passage: Pages 1-4, especially pages 1 and 3
Excerpt
"The Agent swerved into me. The Agent shot me as I drove away from him."
About this source
Martinez’s first-person written testimony describing the collision, shooting, hospitalization, prosecution and dismissal. It supplies her account of the disputed event and is not an independent adjudication.
- Author
- Marimar Martinez
- Published
- Accessed