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Texts and Chain-of-Custody Fight Roil Border Patrol Shooting Case as Judge Orders SUV Returned

The judge is scrutinizing evidence handling, ordering the agent’s SUV returned to Chicago for inspection.

Overview

  • Defense lawyers introduced messages in which Agent Charles Exum appeared to boast about the Oct. 4 shooting, including, “I fired 5 rounds and she had 7 holes. Put that in your book boys.”
  • U.S. District Judge Georgia Alexakis questioned inconsistent accounts and differential treatment of vehicles, and directed that Exum’s unredacted texts be produced and the Chevy Tahoe be brought back for examination.
  • Exum testified the FBI released the government SUV hours after the shooting, it was driven over 1,000 miles to Maine, and scuff marks were later buffed out by a CBP mechanic, with records reflecting conflicting explanations for who authorized repairs.
  • Prosecutors say agents were rammed and fired defensively, while the defense argues the Border Patrol vehicle sideswiped Marimar Martinez; no pre-incident video has been released and Exum was not wearing a body camera at the time.
  • Martinez and co-defendant Anthony Ian Santos Ruiz have pleaded not guilty to assaulting a federal officer; a multi-day evidentiary hearing is underway ahead of a February jury trial set during the Operation Midway Blitz enforcement push.