CHICAGO — Federal prosecutors moved Thursday to dismiss charges against a woman who was shot several times by a Border Patrol agent last month during the federal immigration crackdown in the Chicago area.
Prosecutors had accused Marimar Martinez, 30, and Anthony Ruiz, 21, of using their vehicles to strike and box in Border Patrol agent Charles Exum’s vehicle on Oct. 4 on Chicago’s southwest side. Exum then exited his car and opened fire at Martinez, who suffered seven gunshot wounds.
Hours before a status hearing, prosecutors filed a motion to dismiss the charges against the two defendants, marking a dramatic reversal in one of the most closely watched cases tied to the crackdown in the country’s third-largest city and its suburbs.
In a statement sent to the Associated Press, Martinez’s lawyer, Christopher Parente, praised the U.S. attorney’s office “for doing the right thing here and dismissing the indictment.”
U.S. attorney’s office spokesman Joseph Fitzpatrick said the office is “constantly evaluating new facts and information relating to cases and investigations arising out of Operation Midway Blitz.”
Ruiz’s attorneys did not immediately respond to requests for comment.
Since “Operation Midway Blitz ″ began in September, the Department of Homeland Security has characterized protesters as violent rioters and vowed to prosecute them to the fullest extent of the law. But of the more than two dozen people arrested on suspicion of impeding or assaulting federal officers or other protest-related offenses, none has gone to trial and charges have been dropped against at least nine of them. Judges have expressed skepticism over the strength of some cases.
Also Thursday, federal prosecutors moved to dismiss charges against Dana Briggs, a 70-year-old Army veteran who was arrested last month during a protest outside a federal immigration facility in the suburb of Broadview, just west of Chicago. Although prosecutors claimed Briggs refused to move and struck a Border Patrol agent’s arm as the agent pushed back a crowd, other protesters and activists offered a contrasting narrative, saying an agent, unprovoked, pushed Briggs to the ground.
Attorneys say evidence contradicted government’s narrative
After they were arrested, Martinez and Ruiz were charged with assaulting a federal officer with a dangerous weapon — a vehicle. No officers were seriously injured.
In text messages presented as evidence during a Nov. 5 hearing, Exum bragged about his marksmanship.
“I fired 5 rounds and she had 7 holes,” the text read. “Put that in your book boys.”
Lawyers for Martinez and Ruiz have consistently challenged the evidence and pushed for the case to quickly move to a trial.
Parente claimed body camera footage contradicted federal prosecutors’ narrative of her actions. He said DHS released “objectively wrong information,” claiming that Exum had “steered into” Martinez rather than the other way around. He also accused federal authorities of tampering with evidence when Exum was allowed to drive the car, which Parente called “critical evidence,” back to Maine rather than keeping it in Chicago to be examined.
Martinez and Ruiz were both released pending trial after a judge noted they had no prior criminal record.
Fate of detainees in limbo
Immigration agents have been accused of unnecessarily using force during the crackdown, including firing pepper balls and tear gas and using other aggressive tactics against protesters. The operation has sparked a public backlash and a bevy of lawsuits.
On Thursday, the 7th U.S. Circuit Court of Appeals halted a lower court judge’s order to release on bond hundreds of detained immigrants.
Last week U.S. District Judge Jeffrey Cummings said he would consider a list of more than 600 detainees after determining that the federal government violated a 2022 consent decree that outlines how U.S. Immigration and Customs Enforcement can make so-called warrantless arrests.
Without offering details, the federal government objected to dozens as apparent security risks while others had already been deported. That left roughly 400 people to be released as soon as Friday. Detainees, who are being held at jails nationwide, would have been released on alternative forms of detention such as ankle monitoring after each paying a $1,500 bond.
But the Chicago-based appeals court halted Cummings’ order, saying it will hear arguments in the case Dec. 2.
Fernando writes for the Associated Press. AP reporter Sophia Tareen contributed to this report.
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