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Evidence, text messages at issue in Border Patrol shooting case in Chicago – FOX 32 Chicago

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Text messages presented in court revealed a secret Border Patrol group chat and shed light on the agent’s mindset after the shooting.
Questions have emerged about evidence, accountability and leadership in an October shooting involving federal agents on Chicago’s Southwest Side.
Text messages presented in court revealed a secret Border Patrol group chat and shed light on the agent’s mindset after the shooting.
What we know:
On Wednesday, the defense cross-examined Border Patrol Agent Charles Exum, who fired at Marimar Martinez. Defense attorneys used Exum’s own text messages to question his state of mind and whether he tried to destroy evidence that could contradict his version of events.
Two key questions remain: Who authorized the release of the agents’ government-issued 2015 Chevrolet Tahoe, and who ordered repairs to the SUV before the defense could examine it?
Exum spent two hours on the witness stand.
Cook County Judge Georgia Alexakis pressed federal prosecutors on why Exum’s Tahoe was released just hours after the shooting, while the vehicles belonging to Martinez and Anthony Santos Ruiz remain impounded.
Martinez’s attorney argued that critical evidence — including scuff marks, paint transfer and crash data — was lost. Prosecutors acknowledged that a Customs and Border Protection mechanic removed scuff marks and made repairs to the Tahoe.
Exum, a 23-year Border Patrol veteran, is accused of shooting Martinez after her car and Ruiz’s collided with his. He described "Operation Midway Blitz" as disorganized and lacking clear command.
Although Exum testified that his supervisor ordered the SUV’s repairs, he previously told the FBI that he made that decision himself.
Within hours of the shooting, the FBI released the vehicle back to Exum. Days later, he drove it from Chicago to Maine — more than 1,100 miles — and did not send an evidence preservation email until 12 days after the incident.
Text messages, body camera:
The most striking evidence in court came from Exum’s text messages.
Twenty-four hours after the shooting, Exum texted, "Cool, I’m up for another round of **** around and find out. Lmao."
He later sent a group message on an encrypted app, Signal, sharing a Guardian article titled, "Federal agents taunted Chicago woman ‘to do something’ before shooting her, attorney claims."
He followed with: "I have a *** amendment to add to my story. I fired 5 rounds and she had 7 holes. Put that in your book, boys."
Exum also texted his wife, "Oh well, it is what it is," and reacted to another article by writing an expletive-laced message: "ish happens."
He texted his brother about the shooting, writing "lol, gracias." and "Sweet. My 15 mins of fame. Lmao."
Exum added that he turned on his body camera after the shooting. He testified that the camera had been in the car’s passenger seat because he believed he would be a target if people saw him driving with it on.
Two other Border Patrol agents were in the rear passenger seat.
Government attorneys said they have photos showing about 200 text messages Exum sent to various people.
Exum’s personal attorney listened to the proceedings in the courtroom.
What’s next:
Another hearing is expected in the coming days to determine whether evidence was mishandled.
Attorneys for Martinez plan to call several witnesses, including the FBI agent who interviewed Exum, the U.S. attorney who authorized the vehicle’s release, and another FBI agent involved in that decision.
The defense also intends to have its accident reconstruction expert testify.
The Source: The information in this article was reported by FOX 32’s Tia Ewing. 
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