
Five bullets, three body cameras, and one lawsuit now challenge the government’s account of a Chicago shooting.
Story Snapshot
- The lawsuit says the agent fired five shots within two seconds, without warning.
- Attorneys cite a trajectory analysis that they say shows the agent was not in the car’s path.
- The case proceeds under the Federal Tort Claims Act against the United States.
- Prosecutors dropped the earlier case against the woman after initial claims of ramming.
The Lawsuit That Puts the Government in the Defendant’s Chair
Marimar Martinez filed a civil claim against the United States under the Federal Tort Claims Act. Her complaint says Border Patrol agent Charles Exum fired five shots into her car in Chicago during a 2025 immigration operation. Reporting on the filing says she was struck multiple times, and her attorneys say there was no warning. They claim body camera videos and documents contradict early official statements about a threat, and they secured court permission to share those materials.
Attorneys say an expert mapped bullet paths and injuries to show Exum was not in the path of her car when he opened fire. That detail, if confirmed, cuts to the legal core: was deadly force necessary to stop an imminent threat, or was the shot pattern consistent with a driver turning away or moving past? Reporters who reviewed the filing say the shots came within two seconds of Exum stepping out, with no verbal commands. One sentence in a forensic report could swing the case.
Two Narratives, One Parking Lot
The Department of Homeland Security said Martinez “ambushed” the agents, rammed vehicles, and forced defensive gunfire. Officials also said she was armed. That account frames the shooting as a split-second response to a deadly risk. Martinez’s team says video shows a different scene and that Exum fired from behind as she was not bearing down on him. Federal prosecutors later dismissed the case they first brought against her. Dismissal is not a ruling on innocence, but it does undercut the strongest version of the early claim.
Immigration enforcement always drags in bigger fights about border policy and crime. That noise does not answer a simple question jurors care about: where was the agent when he fired, and what did he reasonably see? If the bullet angles and glass breaks back up the plaintiff’s story, the self-defense claim weakens. If the body cameras capture a real vehicle threat toward people, the government’s case strengthens. The facts will not bend to slogans on either side.
Why This Case Uses the Federal Tort Claims Act
Martinez sued the United States, not Exum, because Supreme Court rulings have narrowed personal constitutional claims against federal agents, especially in immigration settings. The Federal Tort Claims Act offers a path to damages for negligence and certain intentional torts even when other routes are closed. It also has traps, like exceptions for discretionary functions that can limit recovery. Plaintiffs now rely on state-law style claims, strong facts, and tight forensics to win.
The complaint reportedly includes claims like battery, assault, false imprisonment, and malicious prosecution. That mix pressures the government on both the use of force and what followed. The malicious prosecution angle points at the dropped criminal case and the early public framing. A jury often gives weight to whether officials doubled down after an incident or course-corrected when evidence shifted. That is not ideology. That is common sense accountability.
What the Videos and Forensics Must Answer Next
Three body camera recordings, scene photos, and medical records can settle key points. Where did the agent stand? Where did the rounds enter? Did the glass spall suggest shots from behind? How fast was the car moving at each impact? The plaintiff’s expert offers one reading. The government may bring its own analysis. The first clear, synchronized timeline that pairs video frames with bullet strikes will likely decide the liability question more than any press quote.
New @MSNOWNews: A woman shot by a Border Patrol agent five times in Chicago last year is suing the federal government, alleging the officer lied about her using her car as a weapon while intervening in an immigration operation. https://t.co/CgERSoHJd7
— Julianne McShane (@JulianneMcShane) October 6, 2026
Customs and Border Protection said Exum was placed on leave and that a board within the Department of Homeland Security and the Department of Justice is reviewing the shooting. Internal policies generally bar shooting at fleeing vehicles unless they pose an immediate deadly threat. If the videos show a retreating car and a safe officer, policy and law both cut against the shots. If the car still tracked toward people, the defense gains ground.
How To Read the Case Without the Noise
Set the politics aside. Ask four questions. One: Were warnings feasible in those two seconds? Two: Was the agent in a direct danger zone at the trigger press? Three: Do bullet paths match a head-on threat or a car that had angled away? Four: Why did prosecutors drop the case they first filed? Conservative principles favor law, order, and truth. That means backing agents when the threat is real—and demanding correction when evidence shows it was not.
Sources:
abcnews.com, nbcnews.com, nytimes.com, abc7chicago.com, apnews.com, thehill.com, cbsnews.com














