—> ICE / Immigration / Video from ICE shooter POV released, firestorm ensues

[superrific]

Here is United States v. Chapman:

"One thing is consistent about each of these interpretations: In resolving the statute's first ambiguity, it also resolves the second. Specifically, in drawing the line between misdemeanor and felony conduct, both the Second Circuit, Chestaro, and the Tenth Circuit, Hathaway, although construing the statutory language differently, have adopted a construction that leaves no room for a conviction that does not involve at least some form of assault. Therefore, under each of these approaches, while a defendant could be charged with resisting, opposing, impeding, intimidating, or interfering, he could not be convicted unless his conduct also amounted to an assault."

This is again interpreting section 111.

 

[nycfan]

 

[superrific]

???She blocked traffic to obstruct their actions with regard to immigration enforcement.

Assuming that is true, it still does not amount to a crime within ICE's jurisdiction.

If ICE has a specific warrant and there was an effort to block the road to prevent the arrest of someone, that is covered under section 1505. That was what the Wisconsin judge was (incorrectly in my view) prosecuted for. But inconveniencing ICE is not something ICE can arrest for.

 

[ZenMode]

The courts have stepped in to stop or undo certain deportations. If the Trump ICE is illegally denying due process, as seems to be consistently claimed, why aren't the courts doing anything? Are other cases somehow not brought to the attention of the courts?

 

[Bigs23]

the people with the guns say otherwise

You shouldn't be able to kill people for that.

 

[ZenMode]

???She blocked traffic to obstruct their actions with regard to immigration enforcement. Unless folks are claiming it was just a weird coincidence. It strains credulity.

I think it's more likely than not that trying to stop ICE from going to an enforcement operation would be viewed obstructing official actions and ICE would be within their power to detain/arrest her.

 

[nycfan]

Flashback - October/Chicago:

Federal agents taunted Chicago woman to ‘do something’ before shooting her, attorney claims

Officers say woman was in chase ending in ramming border patrol vehicle during Trump’s immigration crackdown

www.theguardian.com

“The attorney for a woman who was shot by federal agents in Chicago over the weekend after she allegedly rammed a Customs and Border Protection (CBP) vehicle has claimed that body-camera footage captures one of the officers saying: “Do something, bitch,” before opening fire, according to the Chicago Sun-Times.

… Federal agents allege that the woman, 30-year-old Marimar Martinez, was involved in a vehicle chase that ended in her ramming a CBP vehicle. Authorities claim that a government vehicle carrying three border protection agents was followed and boxed in by a “convoy of civilian vehicles”, including cars driven by Martinez and another driver, 21-year-old Anthony Ian Santos Ruiz.…”

…. November:

https://www.cnn.com/2025/11/21/us/marimar-martinez-shooting-case-what-we-know

Text messages and a moved SUV: How the government’s case against a Chicago woman shot by a Border Patrol agent fell apart​

“… Martinez had been accused of “aggressively and erratically” pursuing CBP agent Charles Exum and hitting his car on October 4 as protests against the Trump administration’s immigration crackdown took place in the city.

The charging complaint says Exum then stepped out of his vehicle and fired his weapon five times at Martinez – shots the Department of Homeland Security called “defensive.” Martinez had pleaded not guilty to a federal charge of assaulting, resisting or impeding federal officers.

… Text messages displayed in court earlier this month were likely key in the prosecution’s decision to move to dismiss charges, experts said.

Exum appeared to brag to fellow agents about his marksmanship after he repeatedly shot Martinez following a collision between their vehicles, the messages revealed.

… Exum sent an article from The Guardian on October 7 to a group of other agents, which quoted Parente saying Martinez had “seven holes in her body from five shots from this agent.”

“Read it. 5 shots, 7 holes,” Exum said in the next text.

… Another message to the group read, “I have a MOF amendment to add to my story. I fired 5 rounds, and she had 7 holes. Put that in your book boys.”

Exum explained to the judge MOF is a “Miserable Old F**ker” who is always trying to one up someone wherever possible.

… Martinez’s defense attorney sought to prove his claim the government potentially destroyed evidence when it released Exum’s damaged vehicle and allowed the agent to drive it more than 1,000 miles to his home state of Maine, where the car may have had repairs.

… In its initial press release, the Department of Homeland Security had referred to Martinez and her co-defendant as “domestic terrorists” who had “ambushed” the Border Patrol vehicle on Chicago streets.

“They were (saying) ‘domestic terrorist,’ that she had a semiautomatic. I was just like, that’s crazy,” Martinez told CNN….”

 

[nycfan]

Flashback - October/Chicago:

Federal agents taunted Chicago woman to ‘do something’ before shooting her, attorney claims

Officers say woman was in chase ending in ramming border patrol vehicle during Trump’s immigration crackdown

www.theguardian.com

“The attorney for a woman who was shot by federal agents in Chicago over the weekend after she allegedly rammed a Customs and Border Protection (CBP) vehicle has claimed that body-camera footage captures one of the officers saying: “Do something, bitch,” before opening fire, according to the Chicago Sun-Times.

… Federal agents allege that the woman, 30-year-old Marimar Martinez, was involved in a vehicle chase that ended in her ramming a CBP vehicle. Authorities claim that a government vehicle carrying three border protection agents was followed and boxed in by a “convoy of civilian vehicles”, including cars driven by Martinez and another driver, 21-year-old Anthony Ian Santos Ruiz.…”

…. November:

https://www.cnn.com/2025/11/21/us/marimar-martinez-shooting-case-what-we-know

Text messages and a moved SUV: How the government’s case against a Chicago woman shot by a Border Patrol agent fell apart​

“… Martinez had been accused of “aggressively and erratically” pursuing CBP agent Charles Exum and hitting his car on October 4 as protests against the Trump administration’s immigration crackdown took place in the city.

The charging complaint says Exum then stepped out of his vehicle and fired his weapon five times at Martinez – shots the Department of Homeland Security called “defensive.” Martinez had pleaded not guilty to a federal charge of assaulting, resisting or impeding federal officers.

… Text messages displayed in court earlier this month were likely key in the prosecution’s decision to move to dismiss charges, experts said.

Exum appeared to brag to fellow agents about his marksmanship after he repeatedly shot Martinez following a collision between their vehicles, the messages revealed.

… Exum sent an article from The Guardian on October 7 to a group of other agents, which quoted Parente saying Martinez had “seven holes in her body from five shots from this agent.”

“Read it. 5 shots, 7 holes,” Exum said in the next text.

… Another message to the group read, “I have a MOF amendment to add to my story. I fired 5 rounds, and she had 7 holes. Put that in your book boys.”

Exum explained to the judge MOF is a “Miserable Old F**ker” who is always trying to one up someone wherever possible.

… Martinez’s defense attorney sought to prove his claim the government potentially destroyed evidence when it released Exum’s damaged vehicle and allowed the agent to drive it more than 1,000 miles to his home state of Maine, where the car may have had repairs.

… In its initial press release, the Department of Homeland Security had referred to Martinez and her co-defendant as “domestic terrorists” who had “ambushed” the Border Patrol vehicle on Chicago streets.

“They were (saying) ‘domestic terrorist,’ that she had a semiautomatic. I was just like, that’s crazy,” Martinez told CNN….”

“There have been serious questions raised about the truthfulness of the statements made by the Border Patrol agent who shot Ms. Martinez and …about the extent to which she could get a fair trial when the Department of Homeland Security was using her case to make inflammatory public claims about the level of resistance to Operation Midway Blitz,” Northwestern law professor Paul Gowder told CNN. “Dismissing the case was the right thing to do with that kind of cloud over it.”

 

[superrific]

I’m pretty sure ICE doesn’t have jurisdictional authority to make arrests of citizens unless they’ve physically assaulted an agent. I think they’re supposed to call local PD or highway patrol.

It's not quite that. The standard is "forcibly" for section 111, which isn't necessarily quite the same thing as assault but clearly the word forcibly is important. Mere inertia or presence, for instance, does not count. Note that some circuits have said that assault is strictly required; others have said that assault is not specifically required, but it still must be forcible. So, for instance, if a person thrashes around wildly when trying to be restrained, that could count under some interpretations. There is no court ever, not that I can see, that has found merely blocking the road to be actionable.

There is also a separate statute, section 1505, that can apply to disruptions of proceedings but does not apply here.

 

[nycfan]

Deadly Minneapolis ICE shooting echoes Franklin Park, Marimar Martinez shootings during Operation Midway Blitz​

Deadly Minneapolis ICE shooting echoes Franklin Park, Marimar Martinez shootings during Operation Midway Blitz

The deadly Minneapolis shooting by an ICE agent that killed a woman Wednesday morning recalls shootings by federal immigration agents in Chicago during the height of Operation Midway Blitz in the fall.

www.cbsnews.com

“…On Sept. 12, 2025, an ICE agent shot and killed an undocumented immigrant from Mexico in Franklin Park, Illinois.

DHS claimed at the time that 38-year-old Silvero Villegas-Gonzalez, a father of two, had tried to use his car to drive into agents when they tried to detain him. DHS officials also claimed the ICE agent who opened fire had been dragged by the car and suffered "severe injuries."

But surveillance video from two local businesses showed Villegas-Gonzalez backing up and driving away while an agent was on either side of his car; the agent on the passenger side continues standing there, but the agent at the driver's side can't be seen.

And in body cam video released two weeks later, the agent is heard describing his own injuries as "nothing major" after the shooting.

… DHS claimed that Villegas-Gonzalez was being targeted by ICE agents because of a criminal history that included reckless driving, but CBS News Chicago investigators found that he only had a record of four traffic violations between 2010 and 2019 for offenses that included speeding, an expired driver's license, not having insurance and not having a child restraint seat. .…”

 

[superrific]

I think it's more likely than not that trying to stop ICE from going to an enforcement operation would be viewed obstructing official actions and ICE would be within their power to detain/arrest her.

You received your law degree from where?

 

[gtyellowjacket]

I think it's more likely than not that trying to stop ICE from going to an enforcement operation would be viewed obstructing official actions and ICE would be within their power to detain/arrest her.

That's what I think too. Certainly some people are being charged with similar offenses with a mixed record on convictions.

 

[superrific]

That's what I think too. Certainly some people are being charged with similar offenses with a mixed record on convictions.

If by mixed you mean zero convictions, sure.

 

[JCTarheel82]

Straight out of central casting.

 

[nycfan]

Deadly Minneapolis ICE shooting echoes Franklin Park, Marimar Martinez shootings during Operation Midway Blitz​

Deadly Minneapolis ICE shooting echoes Franklin Park, Marimar Martinez shootings during Operation Midway Blitz

The deadly Minneapolis shooting by an ICE agent that killed a woman Wednesday morning recalls shootings by federal immigration agents in Chicago during the height of Operation Midway Blitz in the fall.

www.cbsnews.com

“…On Sept. 12, 2025, an ICE agent shot and killed an undocumented immigrant from Mexico in Franklin Park, Illinois.

DHS claimed at the time that 38-year-old Silvero Villegas-Gonzalez, a father of two, had tried to use his car to drive into agents when they tried to detain him. DHS officials also claimed the ICE agent who opened fire had been dragged by the car and suffered "severe injuries."

But surveillance video from two local businesses showed Villegas-Gonzalez backing up and driving away while an agent was on either side of his car; the agent on the passenger side continues standing there, but the agent at the driver's side can't be seen.

And in body cam video released two weeks later, the agent is heard describing his own injuries as "nothing major" after the shooting.

… DHS claimed that Villegas-Gonzalez was being targeted by ICE agents because of a criminal history that included reckless driving, but CBS News Chicago investigators found that he only had a record of four traffic violations between 2010 and 2019 for offenses that included speeding, an expired driver's license, not having insurance and not having a child restraint seat. .…”

“… [Separately,] DHS claimed U.S. Customs and Border Patrol agents were "boxed in by 10 cars," and that one driver had a gun, which they claimed was a semi-automatic weapon. As a result, DHS said, agents opened fire, striking the driver. The agents fired five shots while the driver was still inside her car.

The driver was later identified as 31-year-old Marimar Martinez. … Less than a week later, a federal grand jury indicted Martinez and her passenger, 21-year-old Anthony Ian Santos Ruiz, for assault and attempted murder of a federal employee in the incident. They claimed she had rammed the agent's SUV before he opened fire.

While DHS claimed Martinez had a semi-automatic weapon, she did not face any gun charges.

… Then, near the end of November, federal prosecutors dropped all charges against Martinez and Ruiz. The charges were dismissed with prejudice, meaning prosecutors cannot refile them in the future.

"These agents were lying about what happened. Ms. Martinez never rammed anybody. These agents hit Ms. Martinez. These agents jumped out and shot Ms. Martinez, a U.S. citizen, whose only crime was warning her fellow community members that ICE was in the neighborhood," said attorney Christopher Parente, who represented Martinez. "That is not a crime. She didn't deserve to be shot."…”

 

[superrific]

Notice that they felt the need to lie about what Martinez did. They knew that merely blocking traffic was not enough. Ramming the ICE car would qualify as "forcible" so they tried to create those facts.

But the Martinez case shows directly that DOJ knows that force is required.

 

[Mulberry Heel]

"Right wing/Republican influencers" are nothing but a bunch of soulless ghouls. As with other MAGAs, they claim to be defending traditional family and moral values and so on, but in reality they have no conscience or scruples or ethics whatsoever, and their real goal is just to keep getting hits and clicks and media attention for grifting purposes.

 

[Mulberry Heel]

One of those guys is going to unwittingly do that to the wrong person in the wrong situation one of these days and they’re going to get their faces blown off their skulls.

Yep, and when it does I expect the MAGA outrage machine to go into overdrive portraying the guy as a victim of evil libruls and a national hero, and trying to silence any criticism whatsoever, just as they did with Charlie Kirk. But let a liberal be killed by a MAGA and they had it coming, of course.

 

[Mulberry Heel]

The debate about whether Ms. Good was illegally parked or u turning is an intentional distraction by people who simply want to kill people they disagree with.

That's why these odious right-wing social media "influencers" are digging through her internet history with a fine-tooth comb trying to find any dirt that they can use to say "See, she had it coming! She deserved it!" Anything to avoid discussing what now, based on released video, seems obvious - that the ICE agents were not in real danger, the woman was not threatening them to any serious extent, and that a trigger-happy agent who clearly hates people like her simply murdered her, and one ICE agent is overheard calling her a "fucking bitch" right after she was shot. It's obvious to anyone who is not a part of the MAGA cult what happened here, so they're desperately trying to find something to justify, at least in their minds, what happened.

 

[altmin]