Body-camera video of a Border Patrol agent involved in the shooting of a woman who was allegedly chasing agents in Brighton Park over the weekend shows an officer saying, “Do something, b—-,” before pulling over and shooting the woman five times, the woman’s attorney said in federal court Monday.
The video appears to contradict the government’s allegation that Marimar Martinez, 30, drove toward officers before one of them opened fire on her late Saturday morning on Kedzie Avenue near 39th Street, her attorney, Christopher Parente, said at a detention hearing at the Dirksen Federal Courthouse.
U.S. District Judge Heather McShain denied a request by the federal government to detain Martinez and Anthony Ian Santos Ruiz, 21, pending trial. Martinez and Ruiz, who wore orange jumpsuits for the detention hearing, were charged Sunday with felony assault of a federal officer.
The judge said it “is a miracle to me that no one was more seriously injured” in the incident in which Martinez and Ruiz allegedly followed agents for more than 20 minutes as they drove after conducting an operation in Oak Lawn. But she said the defendants’ lack of criminal history and extensive family and community ties compelled her to release them pending trial.
According to the eight-page criminal complaint, prosecutors say Martinez and Ruiz were driving separate vehicles in a “convoy” that was following agents, disobeying traffic signals and driving “aggressively” to chase the federal vehicles.
Assistant U.S. Attorney Sean Hennessy told the judge that Martinez had been following agents for 30 minutes, and Ruiz had been following agents for 20 minutes before the shooting. As she drove, Martinez was broadcasting on Facebook Live for more than 2 minutes, Hennessy said. Video captures her repeatedly sounding her horn and following the vehicles, Hennessy said.
In the charges filed Sunday, prosecutors notably did not mention a loaded gun in Martinez’s car that was referenced in a previous statement by the Department of Homeland Security. But in court Monday, Hennessy said Martinez had a loaded firearm on the passenger side of her car but never brandished it. Martinez’s attorney, Parente, said she has a valid firearm and concealed-carry license.
Parente also offered to play an agent’s body-camera video that shows the shooting, noting that prosecutors did not show the video that he claimed disputes the government’s version of the shooting.
Parente said the video shows an agent turn a federal vehicle left into Martinez’s vehicle, after which an agent says, “Do something b—-.” The agent then exits the vehicle and shoots at Martinez.
Parente said Martinez has “seven holes” in her from the shooting and that agents were in such a hurry to take her into custody at the hospital that they had to return later when Martinez began bleeding from her wounds.
Parente disputed the government’s claim that Martinez is a danger to the community and should be detained, saying instead that the officer who shot her was a threat.
“I think there’s a danger to the community, but I don’t think it’s Ms. Martinez,” he said.
Martinez is a U.S. citizen, works for a school and had several supportive letters about her character filed with the court, Parente said. Ruiz is also a U.S. citizen and self-employed as a deejay, his attorney, Ben Horowitz, said.
The shooting on Saturday led to a heated confrontation between federal agents and nearly 100 protesters. It was one of several protests that have flared up since President Donald Trump’s administration kicked off “Operation Midway Blitz” last month.
New video appears to show cars involved in incident
Meanwhile, video footage obtained by the Chicago Sun-Times appears to show three of the vehicles the feds say were involved in the shooting just before it happens.
The vehicles match descriptions and photos included in the criminal complaint, which alleges that a white Chevy Tahoe being driven by Border Patrol agents was followed by Martinez in a silver Nissan Rogue and Ruiz, who was behind the wheel of a black GMC Envoy.
In the video captured by security cameras at a tire shop on the 4000 block of South Kedzie, a white Tahoe can be seen being closely followed by a silver Nissan and black GMC with a Mexican flag decoration on its hood.
The Nissan pulls alongside the drivers side of the Tahoe and at times crosses into an oncoming traffic lane. The GMC can be seen tailing the Tahoe closely as the cars pass the tire shop. The vehicles then go offscreen. The collision and shooting is not captured on the video.
Neither federal officials nor attorneys for the two charged commented on the video Monday night.
Shop manager describes tending Martinez’s wounds
After the shooting, Martinez drove herself to Big Rig Oil Pros at 35th Street and California Avenue, parked her bullet-riddled Nissan SUV in the parking lot and walked inside, the shop manager told the Sun-Times Monday.
Employees led a bleeding Martinez to a chair in the shop’s office, said the manager, who asked not to be named.
A trucker at the shop called 911 as workers frantically grabbed blue shop towels and patches to place on her wounds, the manager said. The shop manager spoke with the 911 operator and said, “Send somebody quick because this lady is bleeding profusely. … I mean, it was instant puddles.”
Police and paramedics showed up a few minutes later, he said. As paramedics placed tourniquets on Martinez’s leg and arm, a bullet fell out of her arm and onto the shop’s floor, the manager said. She left in an ambulance. FBI investigators then arrived and placed red tape around the area where Martinez had sat and around her car, the manager said.
They processed the scene for half an hour, then the shop workers cleaned up the blood, he said.
FBI seeks other drivers who boxed in feds’ cars
Shortly after Monday’s court hearing, the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives announced a reward of up to $50,000 for information leading to the arrest and conviction of the other drivers who followed and boxed in agents Saturday.
An FBI statement says that about 10 vehicles were involved in the chase that Martinez and Ruiz were allegedly part of in the 3900 block of South Kedzie. The statement also describes the “ramming” of a U.S. Immigration and Customs Enforcement vehicle repeatedly in the 3700 block of Kedzie, allegedly by the driver of a black Chevy Tahoe with Illinois license plate EM 62829. That driver is still at large, the FBI said.
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