The sole known eyewitness to the fatal shooting of a 23-year-old Texas man by federal agents has died in an unrelated car accident, just days before he was set to formally sign a statement disputing the government’s account of the incident.
Joshua Orta, 25, was riding in the passenger seat when his childhood friend, Ruben Ray Martinez, was shot and killed on March 15, 2025, in South Padre Island. Over the weekend, Orta died in a separate highway crash near San Antonio, attorneys confirmed.
Orta had planned to cooperate further with investigators and sign a sworn statement challenging the version of events presented by the Department of Homeland Security (DHS).
Shooting on South Padre Island
Martinez was fatally shot during an encounter later confirmed to involve agents from US Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) unit. ICE’s involvement was not publicly disclosed at the time of the incident.
According to DHS, agents were assisting the South Padre Island Police Department following what officials described as a major accident. A spokesperson said the “driver of a blue Ford intentionally ran over a Homeland Security Investigations special agent,” leaving the agent on the hood of the vehicle.
“Upon witnessing this, another agent fired defensive shots to protect himself, his fellow agents, and the general public,” DHS said in a statement.
The driver was taken to a local hospital, where he was pronounced dead. The injured agent reportedly suffered a knee injury.
DHS later identified the deceased as a US citizen from San Antonio and said a second US citizen in the vehicle was taken into custody by local police pending charges. That individual was Orta.
Orta’s contradictory account
In a sworn statement provided to attorneys representing Martinez’s family, Orta described the trip to South Padre Island as “spontaneous” and “lighthearted,” saying the two friends were on their way to meet others just days after Martinez’s birthday.
He said Martinez was driving cautiously and did not strike anyone or drive recklessly, directly contradicting federal authorities’ 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 stated.
Orta alleged that a federal agent fired multiple shots from only a few feet away without issuing warnings or giving Martinez a chance to comply. He also claimed that medical aid was delayed for at least 10 minutes after the shooting.
“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 anyone attempted CPR or other treatment.”
He further disputed allegations that Martinez had entered an ambulance lane, struck an officer, or possessed drugs or alcohol.
“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.
Calls for investigation
Orta’s death has intensified demands for an independent investigation into Martinez’s killing. Texas Democratic Representative Joaquin Castro wrote on X that he wanted answers about what he described as an “eight-month cover-up.”
Alex Stamm, an attorney for Martinez’s family, called Orta’s death a profound loss.
“First and foremost, Joshua’s death is an awful tragedy for his family and friends, and the Reyes family is grieving with them,” Stamm said. “In terms of Ruben’s death, the world has also now lost a critical eyewitness.”
The Texas Department of Public Safety’s Ranger Division is investigating the shooting.
With the only known eyewitness now deceased, attorneys for Martinez’s family say significant questions remain about the events that led to the fatal encounter on South Padre Island.
