Fortunately, prosecutors are moving to drop the charges against Marimar Martinez and Anthony Ruiz. In addition they were charged with assault on a federal officer with a deadly weapon for ramming his vehicle. Only a few hours before a planned status hearing, the decision is in. This is big news in a case that has captured international attention—particularly in light of the ongoing protests in Chicago.
Martinez and Ruiz were arrested while protesting outside of a federal immigration detention facility and charged with falsely impeding or assaulting federal officers. They were ultimately indicted for employing their car to surround and ram Border Patrol agent Charles Exum’s SUV. Exum got out of his car and shot Martinez several times. Ultimately, she was shot seven times.
So too was 70-year-old Dana Briggs, an army veteran, just last month of the same fate. Briggs supposedly wouldn’t get out of the way and punched Exum on the arm while she was protesting. Activists argued that Exum, with no warning, shoved Briggs to the pavement, resulting in her arrest.
The charges against Martinez and Ruiz were closely monitored due to their connection to the federal government’s intensified law enforcement actions surrounding protests in the area. U.S. District Judge Jeffrey Cummings had been presented with a list of more than 600 detainees. He claimed that the federal government breached a 2022 consent decree on the treatment of protesters.
As the case evolved, prosecutors further claimed that Martinez and Ruiz had been the aggressors toward Exum. Both persons were released on their own recognizance, with a trial pending, after the judge pointed out each defendant’s previous clean criminal history.
In text messages submitted as evidence, Exum boasted of his shooting accuracy. He seemed very sure of what had happened when he boasted, “I shot 5 shots and she caught 7 bullets.” This claim has led to substantial speculation regarding the rationale behind the supposedly justifiable use of lethal force in the encounter. Counsel for Martinez and Ruiz have both vigorously disputed the evidence put forth against them, pushing for both to go to trial quickly.
Just on the heels of these great developments, prosecutors moved to drop charges against Dana Briggs, too! These cases represent the increasing pressures against law enforcement and activists alike. This bifurcated approach is particularly apparent amid the current citywide CPD crackdown in Chicago.
Since the initiation of Operation Midway Blitz in September, the Department of Homeland Security (DHS) has characterized protesters as violent rioters. Government officials have promised to take demonstrators all the way to court and prosecute them there as harshly as possible.
Dropping the charges against Martinez and Ruiz sets a new precedent for how these cases are handled. This ruling may shape the government’s approach to prosecution going forward. Public scrutiny of law enforcement treatment of protests is growing. The rules of engagement in these cases could have dramatic effects on subsequent protests and the federal authorities’ reaction to them.