Federal prosecutors dismiss charges against woman shot by Border Patrol agent in Chicago

CHICAGO (AP) — Federal prosecutors moved Thursday to dismiss charges against a woman who was shot by a Border Patrol agent last month during the federal immigration crackdown in the Chicago area.

Hours before a status hearing in the case, prosecutors moved to dismiss the charges against Marimar Martinez, 30, and Anthony Ruiz, 21, marking a dramatic reversal in one of the most closely watched cases tied to the crackdown in the country’s third-largest city.

The Department of Homeland Security has characterized people who have protested “Operation Midway Blitz ″ as violent rioters and vowed to prosecute them to the fullest extent of the law. But of the more than two dozen people arrested for impeding or assaulting federal officers or other protest-related offenses, none have gone to trial and charges have been dropped against at least nine of them. Judges have expressed skepticism over the strength of some cases.

Also Thursday, federal prosecutors moved to dismiss charges against Dana Briggs, a 70-year-old Army veteran who was arrested last month during a protest outside a federal immigration facility in the suburb of Broadview, just west of Chicago. Although prosecutors claimed Briggs refused to move and struck a Border Patrol agent’s arm as the agent pushed back a crowd, other protesters and activists offered a contrasting narrative, saying an agent, unprovoked, pushed Briggs to the ground.

Martinez’s lawyer, Christopher Parente, praised the U.S. attorney’s office “for doing the right thing here and dismissing the indictment” in a statement to The Associated Press.

The U.S. attorney’s office and attorneys for Ruiz did not immediately respond to a request for comment.

Prosecutors had accused Martinez and Ruiz of using their vehicles to strike and box in Border Patrol agent Charles Exum’s vehicle on Oct. 4 on Chicago’s southwest side. Exum then exited his car and opened fire at Martinez, who suffered seven gunshot wounds.

Exum allegedly bragged about his shooting skills afterward, according to text messages presented as evidence during a Nov. 5 hearing.

“I fired 5 rounds and she had 7 holes,” the text read. “Put that in your book boys.”

Martinez and Ruiz faced charges of assaulting a federal officer with a dangerous weapon — a vehicle. No officers were seriously injured.

Lawyers for Martinez and Ruiz have consistently challenged the evidence and pushed for the case to quickly move to a trial.

Parente claimed body camera footage contradicts the federal government’s narrative of her actions. He said the Department of Homeland Security released “objectively wrong information,” claiming Exum “steered into” Martinez rather than the other way around. He also accused federal authorities of tampering with evidence when Exum was allowed to drive the car, which Parente called “critical evidence,” back to Maine rather than keeping it in Chicago to be examined.

Martinez and Ruiz were both released pending trial after a judge noted they had no prior criminal record.

Federal immigration agents in the Chicago area have been accused of unnecessary force, including the use of pepper balls, tear gas and other tactics against people protesting federal immigration policies and the detention of immigrants. The aggressive tactics have prompted resident backlash and lawsuits.