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By Billal Rahman and Dan Gooding
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The only passenger in the car with Ruben Ray Martinez when he was fatally shot by a CBP agent in South Texas last year has died in a separate car accident, attorneys told Newsweek.
Joshua Orta, 25, a close friend who was with Martinez during the shooting and the only known eyewitness, had planned to formally sign a statement and assist with further inquiries into the incident before he was killed over the weekend in an unrelated highway collision near San Antonio, according to Martinez’s family attorney. Orta's statement contradicted the Department of Homeland Security’s version of events.
Martinez, 23, was shot and killed on March 15, 2025, in South Padre Island, Texas, during an encounter with federal agents that authorities later confirmed involved a U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations unit—an involvement that was not publicly disclosed at the time.
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What Did Joshua Orta Say About Ruben Martinez's Death?
In a sworn statement given to lawyers representing Martinez’s family, Orta described the events leading up to the shooting as "spontaneous" and "lighthearted," recounting a trip to visit friends on South Padre Island just days after Martinez’s birthday.
According to Orta, the two were driving cautiously through traffic when local and state officers approached their car. He said Martinez never struck anyone, accelerated dangerously, or posed a threat, contradicting official claims.
"The trooper seemed to be trying to get in front of the car, like he wasn’t moving out of the way when we tried to turn around and leave like the police officer told us to do," Orta said in a witness statement obtained by Newsweek and earlier reported by The New York Times on Monday.
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Orta said that a federal agent fired multiple shots at Martinez from just a few feet away without issuing any warnings or giving him a chance to comply. He recounted that officers delayed medical aid for at least 10 minutes after Martinez was shot and handcuffed him while he was clearly unconscious.
"Following the shooting, law enforcement pulled Ruben from the car while he was clearly unconscious or already dead," Orta wrote. "Despite this, they put him face down on the pavement and handcuffed him. At least 10 minutes passed before any tried CPR or other treatment on Ruben."
"Ruben was driving cautiously in traffic in his proper lane and certainly did not strike anyone with his vehicle," Orta wrote.
In his account of the incident, Orta said Martinez's family had been denied access to records of the man's death, adding that authorities had alleged he had illegally entered an ambulance lane, struck an officer and was in possession of drugs and alcohol, which Orta said was not true.
He also said neither the federal agent who had shot Martinez, nor other law enforcement officers at the scene, had bodycams switched activated. Body-camera use has been scrutinized in other federal agent-involved incidents, including in Minneapolis, where DHS leadership recently announced a body-camera rollout for agents working in the field.
"Ruben was unarmed, non-violent, not fleeing, and not resisting at the time he was shot. His killing was unjustified and excessive," Orta wrote in September.
When contacted by Newsweek, the Department of Homeland Security (DHS), which oversees ICE, said, "We stand by our original statement."
What Has DHS Said About the South Padre Island Death?
In a statement to Newsweek on Friday, DHS said HSI agents were assisting the South Padre Island Police Department following a major accident.
"A driver of a blue Ford intentionally ran over a Homeland Security Investigation special agent resulting in him being on the hood of the vehicle. Upon witnessing this, another agent fired defensive shots to protect himself, his fellow agents, and the general public," a spokesperson for the agency said.
"The driver was taken to a local hospital, where he was pronounced deceased. The agent who was ran over sustained a knee injury and was taken to the hospital."
The DHS report on the incident at the time identified the deceased as a U.S. citizen from San Antonio, and said that a second individual in the vehicle, also a U.S. citizen, was taken into custody by South Padre Island police pending charges—this being Orta.
Orta died in what an attorney for the Martinez family described to Newsweek as a "fiery car crash" early on Saturday. He lost control of his car and hit a utility pole at around 1 a.m., The New York Times reported, citing a police report and a relative. Three other people in the car with Orta were unable to get him out before it "exploded," the relative told the Times.
According to a preliminary police report, the driver was traveling at a high rate of speed when he attempted to exit the highway, lost control of the vehicle and struck a utility pole. The car caught fire, and Orta died before other passengers were able to pull him from the wreckage.
Emergency medical personnel pronounced Orta deceased at the scene. One passenger was transported to a local hospital for precautionary evaluation.
"First and foremost, Joshua’s death is an awful tragedy for his family and friends, and the Reyes family is grieving with them," Alex Stamm, a lawyer for the family said in a statement. "In terms of Ruben’s death, the world has also now lost a critical eyewitness."
Officials are now demanding further investigation into Martinez's death, including Texas Democratic Representative Joaquin Castro, who said on X that he wanted to know why there had been "an 8-month cover up."
If you witnessed or have dashcam footage of the incident on March 15, 2025, and would like to share this information with Newsweek, you can contact the authors of this article.
Update 2/23/26, 12:58 p.m. ET: This article was updated with more information.
Update 2/23/26 7:23 p.m. ET: This article was updated with comment from the Department of Homeland Security.
Update 2/24/26, 5:14 a.m. ET: This article was updated with additional information.
Update 2/25/26, 10:30 a.m. ET: This article was updated with additional information.
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