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A federal judge on Wednesday dismissed several of the charges brought against Miguel Martinez, a U.S. citizen arrested earlier this month after photographing Border Patrol agents in Charlotte. Martinez, 24, had been taking photos of agents at multiple locations on Nov. 16, the second day that Border Patrol units were operating in the city wearing tactical gear and stopping individuals in public areas.
According to court filings, agents attempted to conduct a “voluntary stop” of Martinez after he circled them in a parking lot. Martinez fled, leading to his arrest. The judge’s ruling leaves some charges in place, but narrows the government’s case as proceedings continue.
A chase ensued following the photographer’s attempt to leave the scene. Martinez — who has a prior conviction for resisting an officer — was arrested and charged with felony counts including assaulting, resisting, opposing, impeding, intimidating, or interfering with federal officers. The federal charge was later enhanced when prosecutors alleged that he used a “deadly or dangerous weapon” — namely his vehicle — during the incident.
After roughly a week of careful consideration, U.S. Magistrate Judge David Keesler on Wednesday issued a ruling that dismissed the enhancement allegation of employing a deadly weapon against officers. He did find, however, that there was probable cause “to believe [Martinez] forcibly interfered with the CBP agents.”
Security footage from the incident shows that during the chase, both Martinez and federal agents drove over medians and briefly traveled on the wrong side of the road, according to reports. Martinez’s federal public defender, John Parke Davis, argued that Martinez had every right to flee.
Davis contended that agents were violating Martinez’s First Amendment rights to act as a “citizen journalist” by photographing federal officers in a public space before attempting to stop him.
During the chase, Martinez swerved to avoid a collision that ICE agents attempted to induce, according to Davis. Federal officers eventually stopped Martinez after approximately two miles and charged him, the Charlotte Observer reported.
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Assistant U.S. Attorney Caryn Finley told Keesler “it’s lucky nobody got hurt” as Martinez continued to flee. He could’ve “just stopped” as agents in cars with lights and sirens followed him, she said.
Keesler wrote that Martinez’s “circling of the CBP agents, the subsequent vehicular chase, and the danger posed by [his] driving” support a finding of probable cause that he interfered, but “considering … testimony and the video, the Court is not persuaded there is probable cause to support use of a deadly or dangerous weapon to interfere.”
Keesler said he respectfully acknowledged the time Davis spent arguing on the “infringement of First Amendment rights and the alleged misconduct of ICE and CBP agents.”
But, he wrote, “At this stage, those matters are not properly before the Court; the question for the Court at this moment is probable cause. The Court makes no finding here regarding the basis for future litigation regarding Defendant’s First Amendment rights, or Defendant’s future motions practice in this criminal matter.”
Agents pursued Martinez with their lights and sirens activated, but he continued driving and at one point struck the right front side of a Ford Expedition carrying four ICE officers, according to court documents. Both vehicles remained operable, and Martinez kept going until other federal officers boxed in his van.
After the vehicle was stopped, an affidavit states that a Border Patrol agent was injured while breaking Martinez’s window to take him into custody. During the arrest, Martinez reportedly told agents he had a gun inside a black bag in the van, FOX Carolina reported.
“This afternoon in Charlotte near University City, a United States citizen weaponized his vehicle, driving a large van at law enforcement while they were conducting an operation. He immediately fled the scene, starting a dangerous high-speed chase through a densely populated area. During the chase, he attempted to ram into law enforcement vehicles— posing a serious public safety threat,” DHS said in an X post.
“One law enforcement officer was injured,” the post added.
