A CBP vehicle operated by agent Charles Exum appeared to swerve into a car being driven by a Chicago woman before Exum exited his vehicle and shot her multiple times, according to new video footage released in the case.
The footage appeared to be at odds with government claims that the agents were rammed by the car driven by Marimar Martinez, who survived after being shot five times by Exum.
Body camera footage and other evidence was released Tuesday after a federal judge last week granted a motion to permit the public release of the materials in the case.
Four hours after the incident, Customs and Border Protection commander-at-large Greg Bovino appeared to praise Exum, according to newly released emails.
“I’d like to extend an offer for you to extend your retirement beyond age 57,” Bovino’s email said in part. “In light of your excellent service in Chicago, you have much yet left to do!!” The message did not reference the incident.
The U.S. attorney’s office also released a batch of text messages that were sent to and from Exum following the shooting.
“Good job brother, glad you are unharmed and get to live to tell the story,” said one message Exum received. “You are a legend among agents you better f—– know that. Beers on me when I see you at training.”
Kylie Cooper/Reuters
In a group chat labeled “Posse Chat,” Exum said several high-ranking members DHS have been supportive of him.
“Everyone has been including Chief Bovino, Chief Banks, Sec Noem and El Jefe himself … according to Bovino,” he wrote.
The government in November dismissed the charges it had brought against Martinez after it had accused her of participating in an “ambush” of CBP agents by ramming them with her car. The criminal complaint against Martinez alleged that — after the collision — Exum fired defensively after Martinez drove her vehicle toward him.
A DHS spokesperson did not respond to a request for comment from ABC News regarding the newly release evidence.
Exum was questioned in November by Martinez’s lawyer, Chris Parente, about previously released text messages that he sent to friends and family after the incident in which he appeared to boast about his shooting skills.
“I fired 5 rounds and she had 7 holes. Put that in your book, boys,” one of the previously released messages said.
When pressed by Parente about the text messages during his testimony, Exum said, “I am a firearms instructor and I take pride in my shooting skills.”
“So you’re bragging that you shot her five times and gets seven holes, five shots? Are you literally bragging about this,” Parente asked.
Exum responded, “I’m just saying five shots, seven holes.”
In body camera footage released Tuesday, Exum is heard informing other CBP officers that his team was not under fire, while confirming that he personally discharged “five to seven rounds” into Martinez’ vehicle.
“We did not get shot at, we did the shooting,” Exum says.
Exum did not have his body camera on at the time of the crash or shooting, testifying in November that it was on his vest on the front passenger seat. He did say he put it on after that.
Exum, in the footage, confirms that his body camera was not on during the discharge of his weapon, saying, “No, I didn’t have it on.” An officer responds, “Good, as long as you can justify it.”
A CBP officer is later heard instructing Exum to “keep your mouth shut” and “don’t give statements to anybody.”
Body cameras belonging to other agents in the vehicle with Exum, who was driving the CBP vehicle, also depict the moments leading up to the shooting.
“Do something, b—-,” one agent is heard saying from the back passenger seat as his finger rests on the trigger of his firearm.
Another agent can be seen in the footage pointing a firearm.
“All right, it’s time to get aggressive and get the f— out because they’re trying to box us in,” the agent says as several trailing vehicles can be heard honking.
“We’re going to make contact, we’re boxed in,” one agent says seconds before Exum appears to swerve to the left, colliding with Martinez’s vehicle.
Six seconds after the collision, Exum can be seen exiting his vehicle and is heard firing five times.
“Be advised we’ve been struck,” another agent is heard saying on his body camera video.
An “Uber” sign can be seen on the windshield of Exum’s vehicle when the agent wearing the body camera exits the car.
After the incident, DHS officials claimed that CBP agents opened fire on Martinez in self-defense, alleging she was “armed with a semi-automatic weapon” and was driving one of three vehicles that “cornered” and “rammed” the CBP agents’ vehicle.
Other video previously obtained by ABC News showed Martinez’s vehicle was parallel with Exum’s vehicle, while a vehicle driven by CBP agent Anthony Ruiz was behind Exum.
Martinez was later found to have a handgun in her purse, for which she had a license and a concealed carry permit, Parente said. Among the photos released on Tuesday, one shows the weapon in a pink holster. Martinez was never charged with a weapons offense.
On Feb. 3, Martinez testified in front of Congress that after she was shot, she managed to drive into the parking lot of a mechanic shop a mile away and called 911.
When she was taken to the hospital, she claimed she recalls agents “rushing the nurses to finish up so they could take me with them.”
Martinez said she was discharged from the hospital in less than three hours and was placed in the custody of the FBI.
While she was being processed, she claimed she began to bleed through her bandages and was taken to another hospital before she was discharged the following day.
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