A key witness to the fatal shooting of Ruben Ray Martinez by a federal immigration agent has died in a car accident in San Antonio, according to lawyers for Martinez's family. Joshua Orta, 25, was killed on Saturday when his vehicle crashed into a utility pole and caught fire.
Orta had provided a sworn affidavit disputing the government's account of the March 2023 incident, in which Martinez was shot by a Homeland Security Investigations (HSI) agent. The Department of Homeland Security claimed Martinez intentionally ran over an agent, prompting defensive fire. Orta stated that Martinez did not hit anyone and that the car was moving slowly.
According to Orta's draft affidavit, the pair were on a Spring Break trip when they encountered police and federal agents directing traffic. Orta said an officer slapped the car's hood and agents surrounded them, then an agent fired into the driver's side window without warning from close range. Martinez was heard saying 'I'm sorry' before slumping unconscious.
Lawyer Alex Stamm, representing Martinez's mother, called Orta's death 'an awful tragedy' and noted the loss of a critical eyewitness. The Texas Rangers are investigating the shooting, but it is unclear if they interviewed Orta before his death.
Martinez's family is preparing a wrongful death lawsuit. An internal ICE report revealed the agents involved were part of a maritime task force reassigned to immigration enforcement.
