WASHINGTON (AP) — A key witness who disputed the government’s account of a fatal shooting involving a federal immigration agent in Texas last year has died in a separate car accident.
Joshua Orta, who was in the vehicle when Ruben Ray Martinez was shot and killed by a federal agent during Spring Break last March, died Saturday in a fiery crash in San Antonio, according to attorneys representing Martinez’s family.
Orta had previously provided a detailed statement to the family’s lawyers challenging the Department of Homeland Security’s (DHS) version of events. DHS claimed Martinez intentionally struck a Homeland Security Investigations (HSI) agent with his car, prompting another agent to fire in self-defense to protect officers and the public.
However, in a draft affidavit prepared after interviews in September, Orta reportedly stated that Martinez did not hit any officer. He said their vehicle was moving slowly as they attempted to turn around at an intersection where law enforcement officers were directing traffic around an accident. Orta claimed an agent fired into the driver’s side window from just a few feet away without issuing any warning or commands.
San Antonio police confirmed that a 25-year-old man identified by Martinez’s family lawyers as Orta died after losing control of his vehicle at high speed on a curved highway exit and crashing into a utility pole. Passengers managed to escape before the car caught fire but were unable to rescue the driver.
Martinez’s family is preparing a wrongful death lawsuit over the shooting. Their attorney, Alex Stamm, described Orta’s death as both a personal tragedy and a significant loss to the case.
“Joshua’s death is heartbreaking for his loved ones,” Stamm said. “In terms of Ruben’s death, the world has now lost a crucial eyewitness.”
The Texas Rangers confirmed they are investigating the shooting but have not disclosed whether Orta was interviewed before his death.
According to Orta’s earlier account, he and Martinez had traveled to South Padre Island for a spontaneous Spring Break trip. After spending time with friends, they encountered police and federal agents managing traffic near an accident. Orta said a local officer initially instructed them to turn around. As they attempted to do so, more officers approached, shouting commands and drawing their weapons.
Orta maintained that the vehicle was barely moving and that Martinez never accelerated toward officers. He alleged that an agent standing near the driver’s open window fired at close range without warning. Martinez was later pulled from the vehicle and handcuffed, with medical assistance allegedly delayed.
Martinez’s mother, Rachel Reyes, has stated that her son was shot three times and that video evidence obtained by investigators contradicts DHS’s claim that he attempted to run over an officer.
The shooting is among several deadly encounters involving federal immigration officers amid intensified immigration enforcement efforts. Like others in similar cases, Martinez had no criminal record.
Family attorneys continue to call for full public disclosure of all evidence related to the shooting.
