Tag: north tryon street

Federal public defenders want recently demoted Border Patrol Commander Gregory Bovino to come to Charlotte to testify in the case of a U.S. citizen who was chased, arrested and charged with a federal crime after he took photos and videos of immigration agents in November.

Defense attorney John Parke Davis said Bovino “personally authorized” agents to chase Miguel Angel Garcia Martinez before they crashed into him. Martinez is a Charlotte man who followed agents to a few locations along North Tryon Street on Nov. 16.

Martinez was practicing “citizen journalism,” Davis said. He drove away when agents tried to get him to engage in a “voluntary stop.”

As they followed him, agents planned to “smash” into Martinez as he drove away from them, an officer’s cellphone video shows. The cellphone video captures four agents saying “this is great,” “this is fun,” “knock him out!” and “he’s gonna get shot” as they chase him — partially into oncoming traffic — with lights and sirens blaring.

An FBI agent said Martinez crashed into them, but video filed in court showed the reverse.

Martinez is charged with assaulting, resisting, opposing, impeding, intimidating or interfering with federal officers, which carries a maximum sentence of 8 years in prison. Federal prosecutors with U.S. Attorney Russ Ferguson’s office initially enhanced that charge, claiming Martinez used a “deadly or dangerous weapon” — his car — in the alleged crime.

U.S. Magistrate Judge David Keesler previously tossed the enhancement.

In the U.S. District Court for the Western District of North Carolina on Tuesday, Davis told Keesler he is also requesting communications from federal agents’ personal devices and accounts.

Similarities to Chicago shooting

The requests come after evidence released in a Chicago case showed Bovino praised an agent who shot a woman during “Operation Midway Blitz” in Illinois.

Marimar Martínez, similar to Miguel Martinez, had been following agents around Chicago on Oct. 4. Agents crashed into her car, and then one shot her. That afternoon, Bovino wrote to Charles Exum, the Border Patrol agent who fired the shots:

“I would like to extend an offer to you to extend your retirement beyond age 57…. In light of your excellent service in Chicago, you have much left to do!!” he wrote, The Chicago Tribune reported after obtaining Bovino’s and other federal agents’ correspondence through a records request.

The agent said Marimar Martínez was trying to run him over, and the Trump administration officials called her a “domestic terrorist.” But after agents’ narrative came under scrutiny, federal prosecutors moved to drop the charges against her.

Bovino was demoted last month, two days after federal agents shot and killed Alex Pretti in Minneapolis on Jan 24.