Friend disputes official account of ICE agent killing U.S. citizen

Passenger claims victim was unarmed, non-violent and not resisting when shot

Published on Feb. 24, 2026

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The close friend and passenger of a 23-year-old American citizen who was killed by an ICE agent in Texas last year disputed officials' account of the fatal shooting in a declaration he dictated to the slain man's lawyers. Ruben Ray Martinez died in March 2025 after being shot in South Padre Island, Texas. While the fatal shooting was reported at the time by local news outlets, the fact that an ICE agent was the one who shot and killed Martinez was not revealed until last week, roughly 11 months later.

Why it matters

This case raises questions about the use of force by federal immigration agents and the transparency around such incidents, especially when they involve the death of a U.S. citizen. The conflicting accounts from officials and the eyewitness passenger highlight the need for a thorough and impartial investigation into the shooting.

The details

According to the declaration from Martinez's friend Joshua Orta, the two were driving in South Padre Island when they encountered a traffic stop or checkpoint. Orta said Martinez was driving slowly and did not hit or strike any officers, contradicting the official account that he "intentionally ran over" an agent. Orta said an ICE agent then approached the driver's side and "without giving any warning, commands, or opportunity to comply, the agent fired multiple shots at Ruben from an extremely close distance - no more than two feet." Orta called the killing "unjustified" since Martinez was unarmed, non-violent and not resisting.

  • The fatal shooting occurred in March 2025.
  • Orta's declaration was dated September 2025.
  • Orta died in a separate car accident on Saturday.

The players

Ruben Ray Martinez

A 23-year-old American citizen and Texas resident who was killed by an ICE agent in March 2025.

Joshua Orta

The close friend and passenger of Ruben Ray Martinez who disputed the official account of the shooting in a declaration before his own death in a car accident.

Department of Homeland Security

The federal agency that oversees Immigration and Customs Enforcement (ICE) and released an internal report on the incident.

Texas Department of Public Safety

The law enforcement agency leading the investigation into the fatal shooting of Ruben Ray Martinez.

Alex Stamm

An attorney for Martinez's mother who said the family is considering filing a wrongful death claim.

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What they’re saying

“I was present, and I state clearly and without hesitation that Ruben did not hit anyone.”

— Joshua Orta, Passenger in Ruben Ray Martinez's vehicle (Declaration)

“Ruben was unarmed, non-violent, not fleeing, and not resisting at the time he was shot.”

— Joshua Orta, Passenger in Ruben Ray Martinez's vehicle (Declaration)

“First and foremost, Joshua's death is an awful tragedy for his family and friends, and the Reyes family is grieving with them. In terms of Ruben's death, the world has also now lost a critical eyewitness. He told us that Ruben's car was barely moving when he was shot and killed by an officer who was off to the side of the car. He also told us unequivocally that Ruben did not hit anyone.”

— Alex Stamm, Attorney for Ruben Ray Martinez's mother (CBS News)

What’s next

The Texas Department of Public Safety has said its investigation into the fatal shooting of Ruben Ray Martinez remains ongoing.

The takeaway

This case highlights the need for thorough, impartial investigations into use-of-force incidents by federal immigration agents, especially when they result in the death of a U.S. citizen. The conflicting accounts underscore the importance of transparency and accountability in such cases.