By Trendsetter Tribune 
A federal judge has ruled that text messages sent by a Border Patrol agent after he shot a Chicago woman multiple times can be made public, rejecting government arguments that disclosure would unfairly damage the agent and his family.
U.S. District Judge Georgia Alexakis said Friday that the messages go directly to the credibility of both the agent involved and the Department of Homeland Security. She noted that the texts also shed light on how DHS leadership internally viewed the shooting and its aftermath.
The agent, Charles Exum, shot Marimar Martinez five times on Oct. 4 following an encounter in which authorities claimed Martinez rammed her vehicle into federal agents’ cars. Martinez has consistently denied that allegation, maintaining that the agents initiated the confrontation. Exum was not wearing an activated body camera at the time of the shooting.
Previously released messages show Exum boasting about the incident. In one text, he bragged about his accuracy, writing: “I fired 5 rounds and she had 7 holes. Put that in your book boys.”
Government attorneys argued that releasing additional messages would further tarnish Exum’s reputation and harm his family. Judge Alexakis rejected that position, questioning why the federal government appeared unconcerned about the damage done to Martinez’s name. “I don’t know why the United States government has expressed zero concern for the sullying of Ms. Martinez’s reputation,” she said in court.
Martinez’s attorney, Chris Parente, said his team would coordinate with government lawyers on limited redactions over the weekend, with the materials expected to be released no earlier than Monday.
Although prosecutors have dropped their case against Martinez, her legal team says federal officials refused to correct the public record after repeatedly labeling her a “domestic terrorist.” Martinez had pleaded not guilty in October to Justice Department charges accusing her of using her vehicle to assault and interfere with federal agents in Chicago. The case was ultimately dismissed with prejudice, meaning it cannot be refiled — a point DHS has not publicly acknowledged, according to the judge.
Alexakis also ruled that additional evidence tied to the case can be released, including emails, internal text messages, investigative files, and statements from senior DHS officials. The ruling allows for the release of body camera footage from another agent who was nearby, photographs and reports from the scene after the crash, and audio from Martinez’s 911 call.
In court filings, Parente argued that the public has a strong interest in seeing this evidence, especially in light of recent fatal encounters in Minnesota involving federal agents. He wrote that the materials could help the public and lawmakers understand how DHS responds when its officers use deadly force against U.S. citizens engaged in protest activity.
Parente also highlighted what he described as false and reckless statements by senior officials in the Trump administration. Among them was a post shared on Oct. 6 by FBI Director Kash Patel, who amplified a video on X falsely asserting that Martinez had deliberately rammed a DHS vehicle. As of Friday morning, that post remained online.
Martinez’s lawyers further sought the release of 30 days of Flock surveillance footage predating the shooting, arguing it would show her living a normal life and undermine DHS claims that she had a pattern of targeting or ambushing federal agents. The judge agreed to release that footage but declined to order disclosure of license plate reader data, saying it would offer little value in clearing Martinez’s name.
During the hearing, Parente said none of the footage would be necessary if the federal government simply acknowledged publicly that Martinez is not a domestic terrorist. Judge Alexakis said such negotiations were not the court’s role.
After the hearing, Martinez’s attorneys said they would continue pressing to restore her reputation. “You can’t repeatedly call a U.S. citizen with no criminal history — a Montessori school teacher — a domestic terrorist,” Parente said. “That word carries enormous weight in this country, and the government has used it carelessly.”