Texas Grand Jury Declines Indictment in Fatal Shooting of US Citizen by Federal Agent

Prosecutors say a grand jury rejected charges over the 2025 killing of Ruben Ray Martinez by a Homeland Security agent during a traffic encounter.

Published on Feb. 26, 2026

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A grand jury in Texas has declined to indict a federal immigration agent who fatally shot Ruben Ray Martinez, a U.S. citizen, during a traffic encounter last year. The Cameron County District Attorney's Office said the grand jury was presented the case but did not hand up any indictments, though details about the decision were not provided. The Department of Homeland Security has claimed the agent shot Martinez in self-defense after alleging he 'intentionally ran over' a Homeland Security agent, but a passenger in Martinez's car disputed that account in a draft affidavit before dying in a car crash.

Why it matters

This case highlights ongoing tensions and questions around the use of force by federal immigration authorities, especially in encounters with U.S. citizens. It also underscores the challenges in investigating and holding agents accountable for deadly incidents, particularly when key witnesses may not be available.

The details

According to reports, Ruben Ray Martinez and a passenger, Joshua Orta, were driving on South Padre Island in Texas when they encountered local and federal officers directing traffic around a car accident. In a draft affidavit, Orta reportedly said Martinez did not hit an officer with his vehicle and that their car was 'just crawling' when a federal agent fired into the driver's side window without warning. The Department of Homeland Security has alleged the agent shot Martinez in self-defense, claiming he 'intentionally ran over' a Homeland Security agent, but the grand jury declined to indict the agent.

  • The fatal shooting of Ruben Ray Martinez occurred on March 15, 2025.
  • The grand jury decision to not indict the federal agent was made on February 26, 2026.

The players

Ruben Ray Martinez

A U.S. citizen who was fatally shot by a federal immigration agent during a traffic encounter in Texas.

Joshua Orta

A passenger in the car with Ruben Ray Martinez who disputed the government's account of the incident in a draft affidavit, but died in a car crash before the grand jury proceedings.

Homeland Security Investigations agent

The federal immigration agent who fatally shot Ruben Ray Martinez, claiming self-defense.

Cameron County District Attorney's Office

The prosecutors who presented the case to the grand jury, which declined to hand up any indictments.

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What they’re saying

“Martinez did not hit an officer with his vehicle, that their car was 'just crawling' and that a federal agent fired into the driver's side window without 'giving any warning, commands, or opportunity to comply.”

— Joshua Orta, Passenger in Martinez's car (Draft affidavit)

What’s next

The Department of Homeland Security has not indicated whether it will conduct its own internal review of the shooting incident.

The takeaway

This case highlights the ongoing challenges in holding federal immigration authorities accountable for use of force, especially when key witness accounts conflict with the government's version of events and critical evidence may be lacking or unavailable.