Martinez <\/b>participated in a \u201cmass filing\u201d <\/b>of police reports<\/a> <\/b>Aug. 10 at Area 3 police headquarters in North Center, along with others who showed up <\/b>to report alleged crimes by federal agents during Midway Blitz.<\/p>\n Martinez also delivered a USB drive of evidence <\/b>to officers, according to a police report obtained by the Chicago Sun-Times. She was joined that day by her attorney, Christopher Parente, a former federal prosecutor.<\/p>\n Now, the investigation into Martinez\u2019s Oct. 4 shooting<\/a> by Border Patrol agent Charles Exum has been assigned to the police department\u2019s <\/b>Investigative Response Team, <\/b>according to a source with knowledge of the investigation.<\/p>\n The detectives there \u201cjointly have more than five hundred years of law enforcement experience, making them some of the most talented and experienced investigators the Chicago Police Department has to offer,\u201d according to <\/b>the department\u2019s most recent annual report.<\/p>\n No federal agent has been charged with an on-duty crime<\/a> connected to Midway Blitz. Burke\u2019s office has said \u201cno one is above the law \u2014 including federal agents.\u201d But it has stressed it\u2019s the responsibility of law enforcement <\/b>to build a case <\/b>before her office can consider charges.<\/p>\n \u201cThe Cook County State\u2019s Attorney’s Office is committed to seeking justice on behalf of anyone harmed during Operation Midway Blitz when the evidence and the law support a prosecution,\u201d Burke\u2019s office said in a statement <\/b>Tuesday.<\/p>\n Cook County State\u2019s Attorney Eileen O\u2019Neill Burke speaks to reporters in August 2025.<\/p>\n<\/figcaption><\/span><\/p>\n Pat Nabong\/Sun-Times<\/p>\n<\/div>\n<\/div>\n<\/figure><\/div>\n<\/p><\/div>\n Martinez\u2019s shooting is now being reviewed by a unit <\/b>tasked with \u201cinvestigating all officer-involved shootings occurring within the city limits,\u201d including any shootings involving outside law enforcement officials, according to CPD\u2019s <\/b>annual report.<\/p>\n Many of the detectives there once worked as <\/b>lead homicide investigators, the report says. As of July, there were 31 department members <\/b>assigned to the unit, according to Chicago\u2019s inspector general\u2019s office.<\/p>\n The unit was created in 2017, <\/b>in the wake of the fatal police shooting of teenager Laquan McDonald.<\/p>\n Despite early hints of a federal investigation<\/a> into Martinez\u2019s shooting \u2014 including by the U.S. attorney\u2019s office <\/b>in South Bend, Indiana \u2014 Martinez told reporters <\/b>this month <\/b>she\u2019d yet to be interviewed by the feds.<\/p>\n \u201cIf the federal government refuses to act, state and local authorities must do so,\u201d Martinez said Aug. 10.<\/p>\n Neither the FBI nor the northern Indiana U.S. attorney\u2019s office <\/b>would comment <\/b>Tuesday. Homeland Security <\/b>released a statement <\/b>that referred to Martinez as a \u201crioter\u201d <\/b>and accused her of ambushing federal agents \u2014 without acknowledging that the Justice Department <\/b>in November dropped <\/b>the criminal charges<\/a> <\/b>it had initially filed against her.<\/p>\n Homeland Security has said Exum \u201cwas placed on administrative leave\u201d <\/b>but has offered no additional detail.<\/p>\n Martinez is expected to file a lawsuit against the federal government in the coming weeks. She was shot five times <\/b>in the October incident, and left with seven wounds.<\/p>\n \u201cWe patiently waited for nearly a year for the FBI or the [Justice Department\u2019s] Civil Rights Division to do their job and investigate the attempted murder of Ms. Martinez by Border Patrol Agent Charles Exum,\u201d Parente said Tuesday.<\/p>\n \u201cAfter learning they are unwilling to do their job, or even investigate the facts, we now turn to the Cook County State\u2019s Attorney\u2019s Office for help ensuring that the concepts of justice and accountability still exist in the United States of America.\u201d<\/p>\n Cook County Commissioner <\/b>Jessica <\/b>Vasquez, who organized the Aug. 10 <\/b>\u201cmass filing\u201d <\/b>event, welcomed the police department\u2019s investigation of Martinez\u2019s shooting.<\/p>\n \u201cMarimar deserves a thorough investigation and so does every person who filed a police report on and before Aug. 10,\u201d Vasquez said. \u201cWe urge CPD to investigate each allegation fully and refer cases to the Cook County State\u2019s Attorney\u2019s Office when the evidence supports prosecution.\u201d<\/p>\n Cook County Commissioner Jessica Vasquez speaks at the opening of the Gran Festival Colombiano at Humboldt Park in July 2025.<\/p>\n<\/figcaption><\/span><\/p>\n Candace Dane Chambers\/Sun-Times<\/p>\n<\/div>\n<\/div>\n<\/figure><\/div>\n<\/p><\/div>\n The CPD unit handling Martinez\u2019s case is approaching it like any other police shooting, the source told the Sun-Times. Still, the unit will have to follow a protocol Burke established<\/a> earlier this year for seeking charges against federal immigration officials.<\/p>\n That protocol says a grand jury \u201cmay issue a subpoena to a federal law enforcement agent who is a material witness that could provide relevant evidence to the grand jury.\u201d <\/b>It says a prosecutor should seek that person\u2019s appearance <\/b>with a subpoena <\/b>and what\u2019s known as a Touhy request.<\/p>\n The same approach may be taken to seek physical, documentary, video or other evidence, <\/b>it says.<\/p>\n However, Burke\u2019s protocol acknowledges that \u201cthe federal government, including its law enforcement entities, are not required to comply with any subpoena issued by a state prosecutorial body, and [the Cook County state\u2019s attorney\u2019s office] does not have jurisdiction or authority to mandate subpoena compliance.\u201d<\/p>\n State prosecutors <\/b>looking to charge federal agents <\/b>must also consider <\/b>whether the federal agents were acting reasonably <\/b>while fulfilling their duties.<\/p>\n\n
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