Judge orders DOJ to return key evidence to Chicago for trial of woman shot by CBP agent after car ramming

By Bill Kirkos, Elizabeth Wolfe, CNN

(CNN) — The Department of Justice and an attorney for Marimar Martinez, who was shot by a federal agent after an alleged car ramming in Chicago earlier this month, have painted vastly different pictures of who is responsible for the incident – the woman or the federal agents.

But a Thursday hearing in her case revealed a key piece of evidence – the federal vehicle Martinez is accused of hitting – has been moved more than 1,000 miles away.

Martinez, a 30-year-old American citizen, pleaded not guilty Wednesday to a charge of assaulting, resisting, and impeding officers.

She is accused of ramming the federal law enforcement vehicle with her car on October 4 as protests against the Trump administration’s immigration crackdown took place in the city.

Her attorney has disputed this, saying unreleased body camera footage shows it was actually a federal agent who swerved into Martinez.

After the collision, a Customs and Border Patrol agent stepped out of his vehicle and shot five times at Martinez, according to the charging complaint. Department of Homeland Security Assistant Secretary Tricia McLaughlin called the shots “defensive.”

Martinez suffered five gunshot wounds, her lawyer Christopher Parente told CNN. She was treated at a hospital and released into FBI custody.

While the Thursday hearing was intended to set a trial date for Martinez, the focus quickly turned to the vehicles at the center of the case, which could be used as critical evidence at trial.

“The cars are the big issue,” Parente said in court.

But the federal vehicle has since been driven to Maine, Assistant US Attorney Aaron Bond said.

Parente, who was visibly upset, accused the DOJ of moving the car, despite knowing he would likely need to examine the vehicle.

After Bond said no arrangements had been made to bring the car back to Chicago, the judge ordered the car to be returned.

“I think you need to get the car back,” US District Court Judge Georgia Alexakis said. “It’s a reasonable request. There’s only so much you can tell from photos.”

Parente also expressed concern evidence would not be preserved after the car had been driven to Maine and back. Alexakis agreed and ordered the car to be moved using a flatbed truck.

Another hearing will be held Monday to set a trial date. If convicted at trial, Martinez could face up to twenty years in prison and a fine of $250,000, according to Bond.

The other driver, 21-year-old Ruiz, was indicted on the same charge as Martinez and has pleaded not guilty. Authorities say both Ruiz and Martinez boxed in and struck the federal vehicle.

The-CNN-Wire
™ & © 2025 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.