the only passenger in the car Ruben Ray Martinez when ICE officer He died in another car crash last year when he was shot to death in South Texas, his attorney told Newsweek. Joshua Orta, 25, had some harsh words to say about Martinez’s shooting, contradicting official reports.
Horta, a close friend of Martinez and the only known witness to the death, reportedly plans to formally sign a statement and assist in further investigating the incident. However, Martinez was killed in an unrelated highway accident near San Antonio over the weekend, according to his family attorney.
Martinez, 23, was shot to death on South Padre Island on March 15, 2025. Texasduring a meeting with federal agents. Authorities later confirmed that the shooting involved U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations. At the time, involvement in the incident had not been publicly disclosed.
What Joshua Orta said
Horta previously described the events leading up to the shooting in a sworn statement to attorneys representing Martinez’s family, calling them “spontaneous” and “relaxed” as they recounted a trip to South Padre Island to visit friends days after Martinez’s birthday.
Horta said local and state officers approached their car as they drove carefully through traffic. He disputed the official version, saying Martinez never hit anyone, accelerated dangerously or posed any threat.
“The officer appeared to be trying to get in front of the car and just as we were trying to turn around and leave, he didn’t move out of the way like the officer told us,” Horta said in a witness statement obtained by Newsweek and reported earlier by The New York Times.
He claimed that a federal agent fired several shots at Martinez from a few feet away without giving him any warning or a chance to comply. He also accused police of delaying medical attention for at least 10 minutes after Martinez was shot and handcuffing Martinez while he was unconscious.
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“Following the shooting, law enforcement officers pulled Ruben from the vehicle, where he was apparently unconscious or dead,” Horta wrote. “Nonetheless, they placed him face down on the sidewalk and handcuffed him. At least 10 minutes passed before CPR or other treatment was administered to Ruben.”
He added: “Reuben was driving carefully in the correct lane and certainly did not hit anyone with his vehicle.”
Horta also claimed that Martinez’s family was unable to obtain records of his death. He claimed authorities charged Martinez with illegally entering an ambulance lane, assaulting a police officer and possessing drugs and alcohol. Horta claimed that none of the accusations were true.
Horta further claimed that the federal agent who shot Martinez and other law enforcement officers at the scene did not activate his body camera at the time of the incident.
“Ruben was unarmed and non-violent when he was shot, without running away or resisting. His killing was unjust and excessive,” Horta wrote in September.
What did the Department of Homeland Security say?
DHS agents were assisting the South Padre Island Police Department in a major incident, the Department of Homeland Security said in a statement to Newsweek on Friday about Martinez’s death.
“A blue Ford driver intentionally ran over a Homeland Security Investigations agent, leaving him on the hood of the vehicle. Upon witnessing the incident, another agent fired his weapon defensively to protect himself, his fellow agents and the public,” an agency spokesman said.
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“The driver was transported to a local hospital where he was pronounced dead. The agent who was run over suffered a knee injury and was transported to the hospital,” the spokesman added.
At the time, a Department of Homeland Security report on the incident identified the deceased as a U.S. citizen from San Antonio. The report also said that the second person in the car was Horta, who is also a U.S. citizen and has been detained by South Padre Island police pending charges.
“First and foremost, Joshua’s death is a terrible tragedy for his family and friends, and the Reyes family is devastated for them,” Alex Stam, attorney for the Reyes family, said in a statement. “The world has now also lost a key witness in the death of Ruben.”
Officials are now calling for further investigation into Martinez’s death. Texas Democratic Representative Joaquin Castro said on social media that he wanted to know why there was an “eight-month cover-up.”
