Prosecutors Drop Effort to Block Release of Border Patrol Bodycam in Marimar Martinez Case

Federal prosecutors will no longer oppose the release of body-worn camera footage and other evidence related to the October 2025 traffic incident that led to the shooting of Marimar Martinez.

Feb. 3, 2026 at 10:23am

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Federal prosecutors have announced they will no longer seek to block the release of body-worn camera footage and other evidence related to the October 2025 traffic incident in Brighton Park that led to the shooting of Marimar Martinez by a Border Patrol agent. Lawyers for Martinez, who was initially charged with assault but had all charges dropped in November, have argued the video and other materials should be made public for scrutiny, particularly after controversial fatal shootings of two U.S. citizens by immigration agents in Minneapolis in January.

Why it matters

The case has raised concerns about the use of force by Border Patrol agents and the government's handling of the incident, including allegations of evidence tampering and the continued branding of Martinez as a 'domestic terrorist' on official websites despite the dropped charges. The release of the bodycam footage and other evidence could provide more transparency around the events leading up to the shooting.

The details

Prosecutors said they will not oppose the request to lift the protective order on the body cam video, which depicts the moments leading up to the Oct. 4 crash but does not show the shooting itself. They also agreed to release other evidence including interviews of the Border Patrol agent who shot Martinez, Charles Exum, his two partners that day, as well as FBI photographs and reports, Martinez's 911 call, and FBI reports regarding Martinez's custody and medical treatment. However, prosecutors will oppose the release of any text messages Exum sent to co-workers and his wife after the shooting that have not already been made public, arguing they have 'no bearing' on Martinez's efforts to clear her name.

  • The incident occurred on October 4, 2025 in Brighton Park.
  • Charges against Martinez were dropped on November 15, 2025.
  • A hearing on the release of the evidence is scheduled for February 4, 2026.

The players

Marimar Martinez

A woman who was initially charged with assault following a traffic incident with a Border Patrol agent, but had all charges against her dropped in November 2025.

Charles Exum

A 23-year veteran Border Patrol agent who shot Martinez seven times during the October 2025 incident.

Christopher Parente

The attorney representing Marimar Martinez.

Aaron Bond and Ronald DeWald

Assistant U.S. Attorneys arguing against the full release of evidence in the case.

Judge Georgia Alexakis

The U.S. District Judge presiding over the case.

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What they’re saying

“I'm hard-pressed to credit the idea that (the Department of Homeland Security) couldn't change the narrative around this incident if they set their mind to it. And as far as what I've been presented with as well, it's not just DHS, it's the FBI director who is also participating in this ongoing narrative.”

— Judge Georgia Alexakis, U.S. District Judge

“I'm a firearms instructor. And I take pride in my shooting skills.”

— Charles Exum, Border Patrol Agent

What’s next

U.S. District Judge Georgia Alexakis is set to rule on the release of the body cam footage and other evidence on Wednesday, February 4, 2026.

The takeaway

This case has highlighted concerns about the use of force by Border Patrol agents and the government's handling of incidents involving immigration enforcement. The release of the bodycam footage and other evidence could provide more transparency and accountability around the events leading up to the shooting of Marimar Martinez.