The Border Patrol agent who shot a woman after their vehicles collided in Brighton Park this month has since driven his vehicle to Maine, preventing her defense attorney from examining it as he prepares for trial “as soon as possible,” the attorney told a judge Thursday.
The car is the “centerpiece” of the dispute over the Oct. 4 incident involving Marimar Martinez and Anthony Ian Santos Ruiz, attorney Chris Parente explained to U.S. District Judge Georgia Alexakis.
Now Parente said he intends to ask for sanctions in the hot-button case. In the meantime, Alexakis told prosecutors, “I think you need to get the car back.”
She ordered it returned to Chicago on a flatbed trailer, at Parente’s request.
Parente, who represents Martinez, also raised concerns about potential evidence tampering. The car at issue is the agent’s personal vehicle, a prosecutor told the judge.
The dispute emerged after lawyers began sorting through potential trial dates in the case. Attorneys for Martinez and Ruiz have insisted on a speedy trial, and the discussion in Alexakis’ courtroom Thursday centered on dates in December and January.
No official trial date has been set. Martinez and Ruiz have each pleaded not guilty.
“They publicly branded this woman as a domestic terrorist,” Parente said. “We’re trying to clear her name as soon as possible.”
Martinez’s shooting set off angry protests, prompting agents to deploy pepper balls and tear gas. A Department of Homeland Security spokesperson said that the shooting erupted after agents were “rammed by 10 cars” and “boxed in.”
Then, in a criminal complaint charging Martinez and Ruiz with assault, an FBI agent alleged that a Chevrolet Tahoe carrying three Border Patrol agents had been followed by a convoy of vehicles, including a Nissan Rogue driven by Martinez and a GMC Envoy driven by Ruiz.
The feds allege that Martinez “side-swiped” the Border Patrol vehicle and Ruiz “drove into and struck the rear right” of that vehicle. They also alleged that Martinez drove the Rogue toward an agent who had gotten out of the car.
That agent then fired five shots at Martinez, according to the complaint.
A prosecutor has also said in court that Martinez had a loaded firearm on the passenger side of her car but never brandished it. Martinez has a valid firearm and concealed-carry license, Parente said.
The defense attorney has aggressively challenged the feds’ entire account. He told Alexakis on Thursday that federal officials have released “objectively wrong” information about the incident. He also said the cars simply “made contact side-by-side,” and that the agent then jumped out of his car and opened fire.
In an earlier hearing, Parente also alleged that an agent said “do something b—” before getting out of the vehicle and shooting at Martinez.
Arrangements have been made for Parente to examine the cars driven by Martinez and Ruiz, he said. But he complained Thursday that he’s unable to inspect the agent’s car because the agent was allowed to “drive it back to Maine.”
“This is the shooter,” Parente said. “This is the shooting scene.”
Alexakis told prosecutors “the evidence is clearly relevant” and that Parente’s request for its return was “reasonable.”
“I am directing you to tell the agent that the car needs to be returned to Chicago as quickly as possible,” Alexakis told the feds.