Federal Judge Mandates Release of Evidence in Border Patrol Shooting Case
A federal judge has mandated the public release of evidence in the case involving Marimar Martinez, who was shot five times by a Border Patrol agent. The incident occurred in October 2025 during a protest in Brighton Park against federal immigration agents. Martinez’s attorney, Chris Parente, asserted that claims made by federal agents regarding her actions during the confrontation are disputed.
Background of the Incident
The encounter began when agents alleged that Martinez chased them with her vehicle and attempted to ram one of their cars. However, these assertions have been challenged by Martinez and her legal team. Subsequently, all charges against her were dismissed.
Controversy Surrounding Statements
Despite the dismissal, officials from the Department of Homeland Security (DHS) continued to label Martinez as a “domestic terrorist.” Her legal representatives argue that these statements led to a public misunderstanding and support the request for evidence release to clarify the situation.
Judge’s Decision
On February 6, 2026, U.S. District Judge Georgia Alexakis ruled in favor of releasing approximately 40 text messages from Border Patrol agent Charles Exum, who was involved in the shooting. The evidence also includes body camera footage, emails, and FBI reports. Judge Alexakis noted the relevance of the text messages, indicating they could provide insight into Exum’s perspective regarding the incident.
Legal Arguments Presented
Assistant U.S. Attorney Aaron Bond sought to prevent the release of the text messages, arguing that it would harm Exum’s reputation without helping Martinez’s case. Judge Alexakis countered that the validity of Martinez and her reputation should be prioritized, highlighting her status as a U.S. citizen presumed innocent after the case’s dismissal.
Evidence Release Details
The judge has ordered that some evidence be shared with the public, excluding certain aspects for privacy concerns. License plate images from Flock cameras, used extensively for surveillance, will not be released to protect unrelated vehicles’ privacy.
Statements from Involved Parties
- Chris Parente, Martinez’s attorney, expressed satisfaction with the judge’s decision, emphasizing the misuse of the label “domestic terrorist” against his client.
- DHS reaffirmed their position, stating their facts surrounding the incident remain unchanged.
Next Steps
Parente is scheduled to meet with U.S. Attorney’s Office lawyers to redact third-party information as per the judge’s instructions. He estimates that the evidence could be publicly accessible by the following week.
