Prosecutors move to dismiss charges against Chicago woman shot after being accused of ramming car at law enforcement vehicle

By Nicquel Terry Ellis, CNN

(CNN) — In a striking reversal by the US government, prosecutors filed a motion Thursday to dismiss federal charges against a woman shot by a Customs and Border Protection agent in Chicago after allegedly ramming into his car, court documents show.

Marimar Martinez, a 30-year-old American citizen, and her co-defendant, Anthony Ruiz – who was driving a different vehicle – had entered not guilty pleas to a federal charge of assaulting, resisting or impeding federal officers.

CNN has reached out to the Department of Justice for comment.

The unprecedented move marks the latest development in a high-profile case that garnered public scrutiny and left a federal judge skeptical of how the investigation was handled.

Martinez’s defense attorney, Christopher Parente, released a statement Thursday on the motion to dismiss charges against his client.

“We appreciate the U.S. Attorney’s Office and in particular the line AUSAs on this case for doing the right thing here and dismissing the indictment,” Parente said.

Martinez had been accused of closely pursuing Customs and Border Protection agent Charles Exum and hitting his car on October 4. But Parente alleged the opposite, saying it was actually the agent who sideswiped Martinez.

Prosecutors had alleged Martinez and Ruiz “aggressively and erratically” followed and then rammed into Exum and other agents inside his vehicle who were on security detail in Chicago.

Joseph Fitzpatrick, spokesperson and assistant US attorney for the Northern District of Illinois, said in a statement Thursday his office is “constantly evaluating new facts and information relating to cases and investigations arising out of Operation Midway Blitz, the largest ever law enforcement surge in the Northern District of Illinois.”

“This continuous review process applies to all matters — whether charged or under investigation,” Fitzpatrick said. “It helps ensure that the interests of justice are served in each and every case, and that those cases that are charged are appropriately adjudicated through our federal court system.”

A status hearing on the motion to dismiss is scheduled for Thursday afternoon.

After the collision last month, Exum stepped out of his vehicle and fired his weapon five times at Martinez, according to the charging complaint. Martinez suffered five gunshot wounds, Parente previously told CNN. Department of Homeland Security Assistant Secretary Tricia McLaughlin called the shots “defensive.”

Martinez and Ruiz both entered not guilty pleas to a federal charge of assaulting, resisting or impeding federal officers.

Text messages from Exum were displayed in court earlier this month as Parente sought to prove his claim the government potentially destroyed evidence that may have supported the defense when it released Exum’s damaged vehicle and allowed the agent to drive it more than 1,000 miles to his home state of Maine.

Exum texted an article from The Guardian on October 7 to a group of other agents, which quoted Parente saying Martinez had “seven holes in her body from five shots from this agent.”

“Read it. 5 shots, 7 holes,” Exum wrote in the next text message.

Another message to the group read, “I have a MOF amendment to add to my story. I fired 5 rounds, and she had 7 holes. Put that in your book boys.”

Exum explained to the judge an “MOF” is a “Miserable Old F**ker” who is always trying to one-up someone wherever possible.

It’s not clear what exactly Exum was responding to, because the text conversations were redacted when presented to the court.

When asked to explain the text message, Exum said, “That means illegal actions have legal consequences.”

Exum defended his use of force against Martinez, saying his life was at risk and “I did what I had to do.”

US District Judge Georgia Alexakis said she was skeptical about why the cars of Martinez and Ruiz were kept in Chicago as evidence, while the Border Patrol agent’s car was released and allowed to travel normally.

“What gives me great pause is the fact the cars have been treated differently,” Alexakis said previously.

Government attorneys defended federal agents’ decisions, saying the FBI had preserved any evidence they believed was relevant before releasing the car back onto the street.

This story has been updated with additional information.

CNN’s Whitney Wild, Omar Jimenez and Elizabeth Wolfe contributed to this report.

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