A critical witness in the fatal shooting of Texas driver Ruben Ray Martinez by a federal immigration agent has died in a fiery car crash, potentially complicating the pursuit of justice for Martinez’s family, as reported by Associated Press. Joshua Orta, who was a passenger in Martinez’s car when the incident happened last year, had provided a detailed statement to the family’s lawyers that directly contradicted the government’s account of events.
Orta’s statement claimed that Martinez did not hit an officer with his vehicle, stating their car was “just crawling as we were trying to turn around.” He further alleged that a federal agent fired into the driver’s side window from about two feet away without “giving any warning, commands, or opportunity to comply.”
This version of events stands in stark contrast to the Department of Homeland Security’s (DHS) claim, issued months after the shooting, which alleged Martinez “intentionally ran over a Homeland Security Investigation special agent.” The DHS stated this caused another agent to fire “defensive shots to protect himself, his fellow agents, and the general public.”
This incident is part of a broader context, marking at least six deadly shootings by federal officers since President Trump’s wide-ranging immigration crackdown began
Tragically, Orta was killed Saturday in a car accident in San Antonio. According to local police, the 25-year-old man drove into a curved highway exit at a high rate of speed, lost control, and slammed into a utility pole. While other passengers managed to escape the vehicle as it caught fire, they couldn’t pull the driver out. Lawyers for Rachel Reyes, Martinez’s mother, confirmed that Orta was the individual who died in the crash.
This sudden death is a huge blow to Martinez’s family, who are preparing to file a wrongful death lawsuit. Alex Stamm, one of the family’s lawyers, really put it plainly: “First and foremost, Joshua’s death is an awful tragedy for his family and friends. In terms of Ruben’s death, the world has also now lost a critical eyewitness.
Orta’s affidavit painted a vivid picture of the events leading up to Martinez’s death. He recounted that he and Martinez were on a spontaneous Spring Break trip to South Padre Island, enjoying some time with friends, having “a few drinks,” and hitting up a pool party before grabbing some Whataburger. They then encountered an accident scene at a busy intersection where local police and federal agents were directing traffic. A local officer approached their car, noticed an open alcohol container, but simply told them to turn around and leave.
As they slowly tried to maneuver in the traffic, another officer walked up, slapped the car’s hood, and “seemed to be trying to get in front of the car,” Orta said. He was adamant that Martinez “did not hit anyone.” Then, several more officers allegedly surrounded their vehicle, yelling at them to stop and drawing their guns. Orta found this “crazy” because, he said, they were only “crawling,” and Martinez never hit the gas, meaning the officers weren’t in any danger.
He went on to describe an officer standing by Martinez’s open driver’s side window, pulling his weapon, and firing without warning. Orta even said the bullet casings ejected from the weapon landed inside their vehicle. He recounted hearing his friend say “I’m sorry” as he slumped backward, unconscious after being shot in the chest.
Orta added that agents then pulled Martinez from the car and handcuffed him, waiting at least 10 minutes before providing any medical aid. Martinez’s mother, Rachel Reyes, stated that her son was shot three times and claimed that an investigator from the Texas Rangers had obtained videos of the shooting that she believes contradict the DHS’s claim that her son tried to run over an agent.
The DHS, for its part, stated that they “stand by our original statement.” The Texas Rangers confirmed last week that they are investigating Martinez’s shooting, but they didn’t respond to questions about whether they had interviewed Orta before his death. It’s worth noting that the DHS didn’t publicly disclose for 11 months that one of its agents fired the shots. This adds to the long list of problematic incidents involving ICE in Texas.
Published: Feb 24, 2026 01:30 pm