Key Witness to Fatal HSI Shooting Dies in Fiery San Antonio Crash

Joshua Orta, the passenger who provided a detailed account of the fatal shooting of Ruben Ray Martinez by a federal immigration agent last March, died Saturday in a single-vehicle crash in San Antonio, lawyers for Martinez’s family said. Orta had told the family’s lawyers that Martinez’s car was moving only slowly and did not strike any officer when an agent fired into the vehicle.

What The Witness Said

In a draft affidavit prepared after interviews in September, Orta said Martinez’s car was "just crawling as we were trying to turn around" at the scene of an earlier traffic accident. Orta told investigators that a Homeland Security Investigations (HSI) agent fired into the driver’s side window from roughly two feet away without issuing any warning, commands or opportunity to comply, and that ejected shell casings fell inside the vehicle.

"I’m sorry," Orta said he heard Martinez say as the driver slumped back after being struck in the chest, according to the affidavit.

Official Accounts And The Family’s Response

The Department of Homeland Security (DHS) has maintained that Martinez "intentionally ran over a Homeland Security Investigations special agent," prompting another agent to fire "defensive shots to protect himself, his fellow agents, and the general public." DHS said on Monday it "stands by our original statement."

Martinez’s mother, Rachel Reyes, and family lawyers, including Alex Stamm, said Orta’s account contradicts the government’s version and that Martinez did not strike any officer. The family plans to file a wrongful-death lawsuit, citing the witness statement and other evidence they say undermines DHS’s claim.

Investigation And New Questions

The Texas Rangers confirmed last week they are investigating Martinez’s shooting. Officials did not say whether Orta was interviewed by investigators prior to his death. Reyes has said a Texas Rangers investigator obtained video of the shooting that, she believes, casts doubt on DHS’s account.

An internal Immigration and Customs Enforcement (ICE) incident report released after a Freedom of Information Act lawsuit said the HSI agents involved were part of a maritime border enforcement security task force typically focused on seaport criminal organizations. Over the past year, officers from multiple federal agencies have been reassigned to prioritize immigration enforcement, the report said.

Crash Details

San Antonio Police reported that a 25-year-old man died after losing control while negotiating a curved highway exit at a high rate of speed and striking a utility pole; the vehicle then caught fire. Passengers escaped but were unable to pull the driver from the wreckage. Lawyers for Martinez’s family identified the crash victim as Orta.

Broader Context

The case has added to scrutiny of federal immigration enforcement and deadly encounters between law enforcement and civilians. In January, Renee Good was shot and killed in Minneapolis by an ICE officer; initial government accounts of that encounter were later questioned after multiple videos emerged. Advocates and lawyers say transparency—including release of videos and witness statements—is critical when use of force results in death.

Stamm stressed Orta was a crucial eyewitness. "First and foremost, Joshua’s death is an awful tragedy for his family and friends," he said. "In terms of Ruben’s death, the world has also now lost a critical eyewitness."

What Comes Next: The Texas Rangers’ investigation and any civil litigation will be key to clarifying the sequence of events. The family and their lawyers are pressing for release of all evidence in government possession and for witnesses to come forward.