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Judge Sets Hearing on Border Patrol SUV Handling in Brighton Park Shooting Case

The hearing will scrutinize whether evidence was preserved after the agent drove the Chevrolet Tahoe to Maine.

Overview

  • Federal prosecutors filed a detailed timeline saying the SUV was photographed at the scene, processed at FBI Chicago with paint samples and a computer download, then released to the agent.
  • Prosecutors say a Border Patrol mechanic in Maine used a brake cleaner on a rag to wipe scuff marks but made no repairs before the vehicle was ordered untouched and returned to Chicago.
  • Defense attorneys argue the Tahoe left the FBI chain of custody for weeks, was improperly altered or repaired, and that only limited photos and paint chips were preserved.
  • U.S. District Judge Georgia Alexakis plans to question prosecutors and the agent on Wednesday as the government maintains a further evidentiary hearing is not warranted.
  • The vehicle has been returned and inspected by the defense; Marimar Martinez and Anthony Ian Santos Ruiz have pleaded not guilty, with trial set for Feb. 2 and body-camera footage not publicly released.