Masked ICE agent in Chicago
Masked ICE agents in Chicago. AFP News

Joshua Orta, the only known witness to the fatal shooting of 23-year-old Ruben Ray Martinez during a 2025 encounter with federal immigration agents in Texas, has reportedly died in what police describe as an unrelated car accident.

Orta, 25, had been preparing to formalise a written statement challenging the government's account of the March 2025 shooting. According to The New York Times, he died over the weekend before he could sign and adopt that statement.

His death leaves the case with one less voice — and more unanswered questions.

Ruben Ray Martinez
Screenshot: @X/ @AFpost

A Statement That Was Never Finalised

Orta was in the passenger seat when Martinez, 23, was shot multiple times and allegedly killed by an ICE agent on 15 March 2025, after federal authorities said Martinez failed to comply with orders to exit his vehicle.​

The Times reported that Orta died in an unrelated crash over the weekend before he could sign and formally adopt the statement taken by the family's lawyers in September.

A preliminary San Antonio police report said the driver of the vehicle, Orta, was travelling 'at a high rate of speed' and lost control while attempting to exit the highway.​

Joshua Orta's stepfather confirmed to the Times that Orta was involved in the accident, the same report said.​

Alex Stamm, a lawyer for Rachel Reyes, Martinez's mother, said, '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,' Stamm added.​

Stamm said the family believed Orta's account of events and called for the public release of government-held evidence, urging witnesses to come forward.​

ICE Shooting In Texas Remains Disputed

The Department of Homeland Security (DHS) has said the fatal shots were fired defensively during a confrontation involving a vehicle and federal agents.​

In a statement previously provided to The Independent, a DHS spokesperson said a 'driver of a blue Ford intentionally ran over a Homeland Security Investigation special agent, resulting in him being on the hood of the vehicle,' and that another agent fired 'defensive shots' to protect agents and the public.​

The spokesperson said the incident was under active investigation by the Texas Department of Public Safety Ranger Division.​

Internal ICE documents viewed by the Times, as described in The Independent, said Martinez initially did not follow instructions to stop his vehicle, later stopped after verbal commands, and was then ordered out as agents surrounded the car.​

Those documents stated Martinez accelerated and hit an agent who landed on the roof of the vehicle, after which a different agent fired multiple times through the driver's side window.​

Martinez was taken to a local hospital and later died, and the family's lawyer confirmed to the Times that Martinez was the person referenced in the ICE report.​

Orta's written statement, taken in September by lawyers representing Martinez's family, gave a different sequence and said the men had not resisted and were attempting to comply with directions to turn the car around.​

Orta wrote that he and Martinez had been celebrating the latter's 23rd birthday and came upon a crash scene, becoming concerned because there was an open container of alcohol in the car.​

In his account, traffic was backed up, a state trooper approached and 'slapped the hood,' and officers began yelling and drawing guns as the situation escalated.​

Orta said an agent fired 'multiple shots' through the open driver's window 'without giving any warning, commands or opportunity to comply,' adding that he heard Martinez say, 'I'm sorry,' before slumping backwards.​

He also wrote that officers placed Martinez face down and handcuffed him after he had been shot, and said Martinez was unarmed and not resisting.​

The March shooting remains under investigation by the Texas Rangers.

Update: This headline has been revised to reflect updated information from the latest reports.