A crucial witness who disputed federal agents' account of a fatal shooting during an immigration enforcement operation has died in a car accident. Joshua Orta had provided testimony contradicting the Department of Homeland Security's version of events in the death of his friend Ruben Ray Martinez. The witness's death comes as the victim's family prepares a wrongful death lawsuit.

A key eyewitness who challenged the federal government’s account of a deadly shooting by immigration officers has been killed in a car crash in San Antonio.
Joshua Orta was riding with Ruben Ray Martinez when a Department of Homeland Security agent shot and killed Martinez during a traffic enforcement operation in Texas last March. Orta died Saturday when his vehicle struck a utility pole at high speed on a highway exit ramp, according to San Antonio Police.
The 25-year-old had provided detailed testimony to attorneys representing Martinez’s family that directly contradicted the official government narrative of the shooting incident.
Last Friday, the Department of Homeland Security claimed that Martinez “intentionally ran over a Homeland Security Investigation special agent,” prompting another officer to fire “defensive shots to protect himself, his fellow agents, and the general public.”
However, Orta’s sworn statement painted a dramatically different picture of the events. In a draft legal document prepared after September interviews, Orta stated that Martinez never struck any officer with their vehicle, describing their car as “just crawling as we were trying to turn around.” He alleged that a federal agent opened fire through the driver’s window from approximately two feet away without “giving any warning, commands, or opportunity to comply.”
The shooting represents one of at least six fatal incidents involving federal officers during the Trump administration’s nationwide immigration enforcement efforts. DHS kept the agent’s involvement secret from the public for nearly a year.
In Saturday’s fatal crash, police report that passengers managed to escape the burning vehicle but could not rescue the driver. Legal representatives for Rachel Reyes, Martinez’s mother, confirmed that Orta was the crash victim.
“First and foremost, Joshua’s death is an awful tragedy for his family and friends,” stated Alex Stamm, an attorney for the Martinez family. “In terms of Ruben’s death, the world has also now lost a critical eyewitness.”
When contacted Monday, DHS officials responded: “We stand by our original statement.”
The Texas Rangers have opened an investigation into Martinez’s shooting but did not respond to inquiries about whether they had questioned Orta before his death.
According to Orta’s testimony, the two friends had made an impromptu journey to South Padre Island for spring break festivities. After spending time at a condominium with “a few drinks,” attending a pool party, and visiting Whataburger, they encountered the accident scene and reduced their speed.
A local officer initially approached their vehicle, noticed an open alcohol container in the back seat, but instructed the young men to turn around and leave, Orta recounted. As they attempted to navigate through traffic, another officer approached their car and struck the hood while “seemed to be trying to get in front of the car,” he said.
Orta emphasized that Martinez “did not hit anyone.”
Multiple officers then surrounded their vehicle, shouting commands to stop and drawing their weapons, according to Orta’s account. “This was crazy to me because we were only crawling,” he explained, noting that Martinez never accelerated and the officers faced no real threat.
An officer positioned near Martinez’s open driver’s door then discharged his weapon without warning, firing from such close range that spent shell casings fell inside their vehicle, Orta testified.
Orta described hearing his friend say “I’m sorry” before Martinez collapsed unconscious after being struck in the chest. He alleged that agents then removed Martinez from the vehicle and handcuffed him, delaying medical assistance for at least ten minutes.
Martinez’s mother told reporters last week that her son sustained three gunshot wounds. She also revealed that a Texas Rangers investigator had secured video footage of the shooting that she believes contradicts DHS claims that her son attempted to strike the agent with his vehicle.
Internal documents from Immigration and Customs Enforcement, obtained through a Freedom of Information Act lawsuit, show that the HSI agents involved typically work with a maritime border security task force targeting criminal organizations at seaports. However, officers from various federal agencies have been reassigned to immigration enforcement duties over the past year.
A similar incident occurred in January when Renee Good, a 37-year-old Minneapolis mother, was fatally shot by an ICE officer while sitting in her SUV. Trump administration officials initially characterized Good as a “domestic terrorist” who tried to ram officers with her vehicle, but multiple videos later emerged that questioned the government’s account.
Law enforcement training typically discourages officers from positioning themselves in front of moving vehicles due to injury risks. Like Good, Martinez had no prior criminal history.
Attorney Stamm said Orta’s testimony confirmed that Martinez’s vehicle was moving very slowly when the HSI agent opened fire.
“He also told us unequivocally that Ruben did not hit anyone,” Stamm explained. “We believe Joshua’s account, and, as we have seen recently in Minneapolis, Chicago, and elsewhere, it is critical that the public be shown every piece of evidence in the government’s possession, and that any witness come forward.”
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