Federal Judge Tosses Charges In Case Where Suspect Used Vehicle Against ICE Agents

A federal magistrate judge in North Carolina has thrown out key elements of the Biden-era Justice Department’s case against Miguel Martinez, the 24-year-old U.S. citizen arrested earlier this month after aggressively circling and photographing Border Patrol agents operating in Charlotte. While some charges remain, the ruling significantly weakens prosecutors’ efforts to portray the incident as a deadly confrontation.

Martinez had been following and photographing Border Patrol units on Nov. 16 — only the second day federal agents deployed to the city in tactical gear as part of enhanced immigration enforcement in public areas. Court documents say agents attempted a “voluntary stop” after Martinez circled them in a parking lot. He refused to comply and fled, triggering a pursuit that ultimately led to his arrest.

The suspect — who already has a criminal conviction for resisting an officer — was charged with multiple felony counts, including assaulting and impeding federal officers. Prosecutors escalated the matter further by adding a “deadly or dangerous weapon” enhancement on the grounds that Martinez used his vehicle as a weapon.

After reviewing the case for roughly a week, U.S. Magistrate Judge David Keesler issued a mixed ruling: he dismissed the deadly-weapon enhancement but affirmed that there is sufficient evidence “to believe [Martinez] forcibly interfered with the CBP agents.”

Security footage from the incident paints a chaotic picture. Both Martinez and federal officers can be seen driving over medians and into oncoming lanes at times during the chase. Martinez’s federal public defender, John Parke Davis, insisted that the young man was merely exercising his First Amendment right as a “citizen journalist” when agents attempted to stop him — triggering what Davis argued was a justified escape.

Davis claimed that federal officers tried to provoke a crash, forcing Martinez to swerve, and that he had every right to flee. Federal agents ultimately stopped his van after a two-mile pursuit, according to the Charlotte Observer.

Assistant U.S. Attorney Caryn Finley pushed back hard on the narrative, telling the court that “it’s lucky nobody got hurt” as Martinez sped away from multiple vehicles running lights and sirens. He could have “just stopped,” she argued.

Judge Keesler agreed that the suspect’s conduct was dangerous, writing that Martinez’s “circling of the CBP agents, the subsequent vehicular chase, and the danger posed by [his] driving” support probable cause that he interfered with federal officers. But the judge also concluded that, “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 emphasized that debates over First Amendment rights or alleged misconduct by ICE and CBP agents were not at issue during this phase of the case. “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.”

According to an affidavit, Martinez struck the right front side of a Ford Expedition carrying four ICE officers during the pursuit, but both vehicles remained functional as he continued fleeing until officers boxed him in. After the van was immobilized, a Border Patrol agent was injured while breaking a window to take Martinez into custody. Martinez then told officers he had a firearm inside a black bag in the vehicle, FOX Carolina reported.

The Department of Homeland Security publicly condemned the incident in a post on X, writing:

“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.

“One law enforcement officer was injured,” the post added.

The case now moves forward with a narrower — yet still serious — set of federal charges as authorities evaluate next steps.