In denying the petition for a special prosecutor Thursday, Judge Erica Reddick made it clear that the court is not swayed by public sentiment, making its decision based on the law and facts.
The petition accused federal agents of breaking state laws during their immigration crackdown last fall across the Chicago area.
Cook County State's Attorney Eileen O'Neill Burke has opposed the request. She says her office already put new protocols in place to preserve evidence and support future investigations.
Judge Erica Reddick agreed Thursday morning and denied the request, saying law enforcement bears the duty for the initial investigation.
"The road to accountability just got longer, but it still exists," said Judge Ruben Castillo with the Illinois Accountability Commission.
It was not the outcome they were seeking. Speaking out following the judge's ruling Thursday, representatives for the more than 400 signatories to a petition calling for a special prosecutor to investigate federal agents for their alleged crimes committed during Operation Midway Blitz expressed their dismay.
"It is not acceptable that crimes happen all over the City of Chicago and that we collectively shrug our shoulders and walk away," said attorney Locke Bowman with Loevy & Loevy.
PREVIOUS COVERAGE: Judge postpones ruling on petition for special prosecutor for 'Operation Midway Blitz' investigation
In issuing her decision, Judge Reddick acknowledged that while there are many people across Cook County who may have been victimized by federal immigration agents last fall, the state's attorney's office does not, as petitioners have claimed, have the authority to initiate a widespread investigation. It is the argument O'Neill Burke has made since the beginning.
"The state's attorney's office does not get involved at all until a law enforcement agency does the investigation and then brings the case to us seeking charges," O'Neill Burke said.
While the state's attorney's office has developed a protocol by which federal agents can be investigated for acts of wrongdoing, so far O'Neill Burke says her office has not received any requests for help. This appears to be in part because under the U.S Constitution's Supremacy clause local law enforcement are barred from arresting federal officers.
"There is no hesitancy on the state's attorney's office to prosecute," O'Neill Burke said. "We have not been brought any case at all.
That may soon change, with Judge Castillo, who most recently chaired the Illinois Accountability Commission, insinuating that victims on the receiving end of federal agents tactics, will be taking their complaints to the Chicago Police Department. Among them is Marimar Martinez, who was shot five times by a Border Patrol agent last October.
"There is no written report," Castillo said. "But even if I have to walk her to the police station myself, she will go to the police station, and she has indicated that will happen."
Judge Reddick did leave the door open for the petitioners to come back with their request should circumstances change.
As for the implication that Martinez will soon file an official police report, ABC7 did reach out to her attorney but has not yet heard back.
Man charged in alleged Midway Blitz agent vehicle ramming incident
A 21-year-old man is now charged with assaulting a federal immigration agent during Operation Midway Blitz.
A federal grand jury returned an indictment Wednesday against Diego Emmanuel Reyes. He's charged with using his SUV as a deadly or dangerous weapon when he allegedly rammed it into the rear of a vehicle driven by an ICE agent.
Videos previously obtained by ABC7, and a new one shared Thursday by the U.S. Attorney's Office, show the incident on October 4 on Chicago's Southwest Side.
The charge is punishable by a maximum sentence of 20 years in federal prison.