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Martinez and 21-year old Anthony Ruiz were both charged with felony assault of a federal officer. But Christopher Parente, Martinez’s attorney, claimed during a federal court hearing Tuesday that body-camera footage disproved the government’s claim, the Chicago Sun-Times reported.

Parente said that he had repeatedly viewed the footage, and it appeared that the agent suddenly turned his wheel, indicating that Border Patrol had rammed into Martinez’s car and not the other way around. That officer was reportedly caught saying, “Do something, bitch,” before leaping out of the car and shooting her multiple times within a matter of seconds.

Parente also claimed the body camera footage captured another officer asking, “Hey, what happened?” The first officer pointed to his body camera and said, “Hey, don’t speak. You’re good.”