Marimar Martinez files lawsuit against federal government over Border Patrol shooting

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Marimar Martinez, who was shot five times by a U.S. Customs and Border Patrol agent during the height of Operation Midway Blitz in Chicago, has filed a civil lawsuit against the federal government.

One year after she was shot five times by CBP Agent Charles Exum, Martinez and her legal team officially filed their lawsuit.

"There's been no investigation, there's been no charges," said attorney Chris Parente. "We essentially became our own Department of Justice."

IN the process, they hired their own expert on reconstructing shootings.

"We have put together conclusive proof, we believe, to charges Charles Exum with criminal charges here in Illinois," Parente said.

They put together a compilation of bodycam footage, surveillance video and used the location of the bullet holes in Martinez's car and her body.

"He shot those five shots," Parente said. "He was in no way, shape or form in the pathway of the vehicle. She was actually driving away from him."

They hope the new evidence revealed in the civil suit will assist the Chicago Police Department and FBI in their own investigations.

"If I don't then who else?" Martinez said. "You know? Look what happened to Renee and all of these victims. I want a stop. I have a voice, and I do matter."

Once this case is assigned a judge, both parties will begin collecting evidence and conducting interviews. Because of the time of claim they can file, it will be a bench trial. Martinez and her team said they're committed to getting to that point.

CBS News Chicago reached out to the U.S. Department of Homeland Security, who would not comment on the suit but did say Exum was placed on administrative leave. They did not say for how long. 

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