The lawsuit, filed under the Federal Tort Claims Act, alleges that agent Charles Exum gave false statements to the FBI hours after the shooting. According to Martinez's attorneys, an expert analysis of bullet trajectories and her injuries determined that Exum was not in the path of her car when he opened fire, contrary to his initial account. Exum had said Martinez drove her vehicle directly at him, but attorneys argue the evidence shows otherwise.
“Charles Exum told the FBI agent on that day, within hours of the shooting, that Marimar was driving her car directly at him, that he shot her five times through the windshield, and that he ceased firing once he was no longer in the path of the vehicle,” said one of her attorneys, Chris Parente. “Those are three objective lies that you’ll see here today.”
Parente noted that only three bullet holes were found in Martinez's windshield on the right passenger side, contradicting Exum's account. A fourth shot went through the front passenger side window, and a fifth bullet hole in the back of the car seat indicated Exum fired from behind her. “In what world can a US law enforcement officer stand behind a car and fire his Glock service weapon through the rear passenger window at a young woman who’s crouched over the steering wheel?” Parente said.
Federal prosecutors initially charged Martinez but dropped the case a month later. Body-worn camera footage from another agent in Exum's vehicle captured agents saying it was “time to get aggressive” and making other profanity-laced comments encouraging violence, according to the complaint.
Customs and Border Protection said in a statement that Exum had been placed on administrative leave and that use-of-force cases were “thoroughly investigated, reviewed, and presented” to an independent board. Exum is not named as a defendant in the lawsuit, which only targets the federal government.