A federal judge has dismissed several charges against Miguel Martinez, a 24-year-old U.S. citizen arrested after photographing Border Patrol agents in Charlotte. Martinez had been taking photos on Nov. 16 as agents in tactical gear conducted operations in public areas. When agents attempted what they described as a “voluntary stop,” Martinez fled, leading to a chase and his arrest. Prosecutors charged him with multiple felonies, including interfering with federal officers, and later added an enhancement alleging he used his vehicle as a “deadly or dangerous weapon.” Judge David Keesler dismissed that enhancement, ruling that while Martinez’s actions created danger, the evidence did not support the claim that he used his van as a deadly weapon.
However, Keesler found probable cause that Martinez forcibly interfered with Border Patrol agents. Security footage showed both Martinez and federal officers driving over medians and briefly on the wrong side of the road during the pursuit. Martinez’s public defender argued he was acting as a “citizen journalist” and that agents attempted an unlawful stop that violated his First Amendment rights. Prosecutors countered that Martinez could have safely stopped and that it was “lucky nobody got hurt” during the chase.
The incident ended when federal officers boxed in Martinez’s van after a two-mile pursuit. Court filings say he struck an ICE vehicle and an agent was injured while breaking his window during the arrest. Martinez reportedly told officers he had a gun in the vehicle. DHS later stated that Martinez “weaponized his vehicle” and posed a serious public threat, though the judge emphasized that issues related to First Amendment claims and alleged agent misconduct would be addressed in future proceedings.