The close friend of a 23-year-old American citizen and Texas resident who was killed by an Immigration and Customs Enforcement agent 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.
In an official statement and internal report, Department of Homeland Security officials said an ICE agent fired “defensive shots” into Martinez’s vehicle after Martinez “failed to follow instructions” and struck another agent with his vehicle. Officials said Martinez was pronounced dead at a local hospital.
But a draft declaration that lawyers said was dictated by Joshua Orta, Martinez’s friend and passenger, contradicts the version of events offered by federal officials.
“I was present, and I state clearly and without hesitation that Ruben did not hit anyone,” Orta said in a declaration, dated September 2025.
Representatives for Martinez’s family said Orta was planning to sign the declaration in person this week but that he died in a separate car accident on Saturday.
“First and foremost, Joshua’s death is an awful tragedy for his family and friends, and the Reyes family is grieving with them,” said Alex Stamm, an attorney for Martinez’s mother. “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.”
The declaration, which does not contain Orta’s signature, appears to indicate Martinez’s family is considering filing a wrongful death claim.
The Texas Department of Public Safety, the law enforcement agency leading the investigation into Martinez’s death, has said its probe into the fatal shooting remains ongoing.
Dueling version of events
An internal ICE report released by the nonprofit American Oversight appears to correspond with the March 15 fatal shooting of Martinez. The report, which redacted Martinez’s name, said the incident involved agents from ICE’s Homeland Security Investigations branch who were helping South Padre Island police officers control traffic in the late night hours following a car accident.
The report describes a blue Ford approaching the area where the ICE agents were directing traffic. The driver of the vehicle “failed to follow instructions” and tried to continue driving, the report said. After commands from the agents, the report said the vehicle “slowed to a stop.” The agents then surrounded the car and ordered the driver to exit the vehicle, according to DHS’ account.
The report alleged the driver “accelerated forward” and struck one of the ICE agents, who “wound up on the hood of the vehicle.” At that point, another ICE agent fired “multiple rounds” at the driver through an open side window, the report said. The driver was given first aid and then transferred to a hospital in Brownsville, where the report said he was pronounced dead.
A passenger who was in the vehicle was taken into custody at the scene by South Padre Island police, the report states.
In his declaration, Orta described himself as a lifelong friend of Martinez, saying their friendship dated back to pre-kindergarten. He called Martinez a “kind” and “gentle” person who worked at Amazon and Walmart.
Rachel Reyes via AP 
Orta said that a few days after Martinez’s birthday, they decided to go to South Padre Island, a popular destination for college students. He said he and Martinez had “a few drinks” at a friend’s condo, unsuccessfully tried to enter a club, spent a “couple hours” at a pool party and grabbed food at Whataburger. When they headed back to the place where they were staying, Orta said they came across “an accident checkpoint or traffic stop.” He said Martinez was driving.
Orta said one law enforcement officer saw that they had an open container of alcohol. The officer told them to “turn around and leave,” Orta recounted. Then, Orta added, another officer “walked up to our car (and) slapped the hood.”
“I later learned that the trooper’s report said that Ruben had ‘hit’ the officer. That’s not true. I was present, and I state clearly and without hesitation that Ruben did not hit anyone,” Orta said. “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 said he saw two or three officers who yelled at them to “stop.” He said he saw them draw their guns.
“This was crazy to me because we were only crawling like the car was in gear, but just coasting. Ruben never hit the gas,” Orta said. “The troopers were never in danger from Ruben and could have easily stepped aside while we tried to turn around and leave.”
Then, Orta said, an agent he later learned worked for ICE “approached the driver’s side” of the car as they were attempting to turn around.
“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 said. “I heard Ruben say, ‘I’m sorry,’ and then he slumped backward.”
Orta called his friend’s killing “unjustified.”
“Ruben was unarmed, non-violent, not fleeing, and not resisting at the time he was shot,” he said.
Representatives for DHS did not immediately respond to a request to comment on Orta’s allegations. In a prior statement, the agency said the ICE agent who shot Martinez fired “defensive shots,” alleging that Martinez “intentionally ran over” another agent.
