CHARLOTTE — The driver seen in a viral video swerving around Customs and Border Protection agents before speeding away from them had one of his felony charges dismissed.
Channel 9’s Hannah Goetz read through federal court documents to learn why.
Videos show the case in question where federal agents said Miguel Martinez, a U.S. citizen, was arrested for taking pictures of Border Patrol agents at several locations.
Documents say when Border Patrol agents tried to stop Martinez and warn him he was impeding their work, he took off in a white van, leading agents on a chase in and out of Charlotte traffic.
They charged Martinez with felony impeding or interfering with federal officers. That federal charge was then enhanced when the government claimed he used his car as a ‘deadly or dangerous weapon’.
According to court documents, that is the charge a federal judge dismissed.
We talked with Martinez after his federal hearing last week.
“Still really nervous about this whole situation, how bad it could’ve gotten,” he said. “Could have gotten way worse.”
In the judges order it says, “While a vehicle may be used as a deadly weapon, considering the manner is which Defendant used the van, and considering the Agent’s testimony and the video, the Court is not persuaded there is probable cause.”
The video mentioned is one taken by a CBP agent during the incident. The video was played during the federal hearing and is referred to under factual background in the dismissal order saying the agents expressed intent to block and pin the van in.
You can repeatedly hear agents yelling, “block him!” in the video.
Martinez still faces the first charge. He is out of jail.
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