SAN ANTONIO, United States — Joshua Orta, the only known civilian present during the fatal shooting of Ruben Ray Martinez by a federal immigration agent in Texas last year, died on Saturday, February 21, 2026, in a car crash on a highway in San Antonio, lawyers representing Martinez’s family said.
Orta, 25, was driving when his vehicle lost control at high speed, struck a utility pole and caught fire, according to local police accounts. Other occupants were able to escape but were unable to pull Orta from the vehicle before it burned.
Diverging Accounts of 2025 Shooting
Orta had been in the car with Martinez, 23, on March 15, 2025, when Martinez was shot and killed during an encounter with officers from U.S. Immigration and Customs Enforcement near South Padre Island in South Texas.
Federal officials have said previously that Martinez refused to exit his vehicle when instructed and struck a Homeland Security Investigations special agent with his car. They have stated that another agent then discharged his weapon in self-defence.
In a written statement provided last September to lawyers acting for Martinez’s mother, Orta described events differently.
He said he and Martinez were attempting to follow officers’ directions to turn around in traffic when “chaos ensued” and a federal agent shot Martinez.
In that account, Orta said he did not see Martinez strike any officer or engage in violent resistance.
Orta had not signed the statement before his death but had indicated that he intended to do so and to assist investigators retained by Martinez’s family.
Legal Proceedings and Official Response
Alex Stamm, a lawyer for Martinez’s mother, described Orta’s death as “an awful tragedy” and said the family regarded him as a key witness.
Stamm said the family believed Orta’s account of the shooting and pointed to broader public calls for transparency in cases involving federal officers.
The Department of Homeland Security has reiterated its earlier position, maintaining that the agent’s use of force was defensive and undertaken to protect himself, fellow officers and others nearby.
The Texas Rangers are investigating the March 2025 shooting. Martinez’s family is preparing a wrongful-death lawsuit.
Lawmakers and community leaders have sought increased scrutiny of federal use-of-force incidents following this case and others.
Although Orta’s death removes the only known civilian witness to the encounter, his written account remains part of the legal record as investigations continue.
