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Feb. 12, 2026, 6:04 PM EST

Federal prosecutors are conducting a criminal investigation into the Border Patrol agent accused of capturing a girl five instances in Chicago in October, in step with the girl’s lawyer.

Christopher Parente, an approved official for Marimar Martinez, acknowledged an assistant U.S. approved official in Indiana confirmed to him that Border Patrol agent Charles Exum is the subject of an investigation into the capturing of Martinez, a 31-year-used U.S. citizen and Montessori school teacher.

Attorneys for the manager — which unsuccessfully tried to prosecute Martinez for assaulting an officer — hold stated in court docket that there was as soon as a “separate however connected ongoing criminal investigation,” however hold now not specified its focal level, in step with MS NOW’s overview of filings.

A spokesperson for the U.S. Lawyer’s Explain of business in the Northern District of Indiana told MS NOW that division regulations prohibit the place of work from confirming or denying the existence of an investigation. A spokesperson for the Department of Justice declined to commentary.

A spokesperson for Customs and Border Protection told MS NOW that Exum was as soon as placed on administrative gallop away “in step with policy.” It’s now not particular when Exum was as soon as placed on gallop away or whether he is composed on gallop away.

The spokesperson added that the company “is committed to the top standards of conduct, transparency, and accountability,” and that each expend-of-power incidents are investigated and reviewed by the Nationwide Use of Power Overview Board, a physique that involves both senior Border Patrol personnel and representatives from the Justice Department. It’s now not particular whether the findings of that overview will be made public, or whether it has concluded.

Parente acknowledged Wednesday that he believes Exum is underneath investigation due to the newly launched photos suggesting the agent fired two photos at Martinez as she was as soon as using away from him — opposite to Exum’s claims that he fired all five photos at Martinez as she was as soon as using against him.

“It’s extremely troubling that he’s capturing at a fleeing automobile, which is a violation of the Border Patrol’s published expend of power policy,” Parente acknowledged.

Parente told MS NOW the case was as soon as being pursued by the U.S. Lawyer’s place of work in South Bend, Indiana, on narrative of Exum was as soon as slated to be a stare in the manager’s now-defunct criminal case against Martinez, which would hold created a war of passion for the Chicago place of work.

The Department of Fatherland Security and Exum didn’t acknowledge to MS NOW’s requests for commentary.

The most up-to-date traits repeat a unparalleled turn of events in the case, which began with the manager branding Martinez and her old vogue co-defendant, Anthony Ian Santos Ruiz, as “home terrorists.” Federal officers claimed the 2 “ambushed” and “rammed federal agents with their vehicles” in the Oct. 4 reach upon in Chicago, for the length of a length when the federal executive had sent a entire bunch of further agents into the city to round up folks for deportation.

The manager alleged the 2 had been fragment of “a convoy of civilian vehicles” attempting to intervene with their immigration enforcement operations. Martinez pleaded now not guilty and acknowledged Exum sideswiped her automobile and fired five gunshots at her within two seconds of exiting his automobile, in step with court docket paperwork.

The manager’s strive and prosecute Martinez and Ruiz fell apart after texts launched in court docket confirmed Exum bragging about capturing Martinez. One alternate exhibits him sending a piece of writing from The Guardian describing the capturing, with the officer writing, “5 photos, 7 holes.” In one more, he bragged: “I fired 5 rounds and she or he had 7 holes. Set up that to your e-book boys.”

The manager moved to brush off the case quickly after.

But the case persisted after a community of data organizations — including The Washington Post, the Chicago Solar-Times and the Chicago Tribune — filed a movement demanding more proof be launched, data Martinez also was as soon as seeking. Final week, a opt ordered the proof to be launched, and more than 240 recordsdata had been made public this week.

Parente argued the recordsdata present rare perception into how the Department of Fatherland Security responds to the shootings of civilians, and acknowledged Martinez saw them as especially necessary following the most up-to-date fatal shootings in Minneapolis.

On narrative of she survived, he acknowledged, “Marimar was as soon as ready to salvage discovery on this case that exhibits you exactly how this company handles a capturing in the prompt aftermath, and it’s scary.”

MS NOW’s overview of the recordsdata exhibits that key components verify Martinez’s narrative and undermine the manager’s. Physique camera photographs, let’s converse, confirms her claim that five photos had been fired within seconds of agents exiting their automobile.

DHS had urged Martinez was as soon as “armed with a semi-automated weapon,” however photos taken of the within the automobile demonstrate Martinez’s gun in a holster on the bottom of her purse.

Messages launched in the novel proof dump also present more perception into how Exum and excessive-score officers replied in the aftermath. One file exhibits an email whereby old vogue Border Patrol commander Greg Bovino praised Exum for his “superb carrier in Chicago” and supplied to lengthen his retirement age.

“What message does this ship to your entire agents?” Parente requested Wednesday.

In diverse texts Exum sent to a community of fellow agents after the incident, he acknowledged, “all and sundry has been” supportive, including Bovino, Fatherland Security Secretary Kristi Noem, Border Patrol Chief Michael Banks and somebody who Exum calls “El Jefe himself,” which interprets to “the boss” in Spanish.

Julianne McShane is a breaking data reporter for MS NOW who also covers the politics of abortion and reproductive rights. It is doubtless you’ll be ready to ship her guidelines from a non-work tool on Price at jmcshane.19 or discover her on X or Bluesky.