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The adjacent person of a 23-year-old American national and Texas nonmigratory who was killed by an Immigration and Customs Enforcement cause past twelvemonth disputed officials' relationship of the fatal shooting successful a declaration helium dictated to the slain man's lawyers.
Ruben Ray Martinez died successful March 2025 aft being changeable successful South Padre Island, Texas. While the fatal shooting was reported astatine the clip by section quality outlets, the information that an ICE cause was the 1 who changeable and killed Martinez was not revealed until past week, astir 11 months later.
In an authoritative connection and interior report, Department of Homeland Security officials said an ICE cause fired "defensive shots" into Martinez's conveyance aft Martinez "failed to travel instructions" and struck different cause with his vehicle. Officials said Martinez was pronounced dormant astatine a section hospital.
But a draught declaration that lawyers said was dictated by Joshua Orta, Martinez's person and passenger, contradicts the mentation of events offered by national officials.
"I was present, and I authorities intelligibly and without hesitation that Ruben did not deed anyone," Orta said successful a declaration, dated September 2025.
Representatives for Martinez's household said Orta was readying to motion the declaration successful idiosyncratic this week but that helium died successful a abstracted car mishap connected Saturday.
"First and foremost, Joshua's decease is an atrocious calamity for his household and friends, and the Reyes household is grieving with them," said Alex Stamm, an lawyer for Martinez's mother. "In presumption of Ruben's death, the satellite has besides present mislaid a captious eyewitness. He told america that Ruben's car was hardly moving erstwhile helium was changeable and killed by an serviceman who was disconnected to the broadside of the car. He besides told america unequivocally that Ruben did not deed anyone."
The declaration, which does not incorporate Orta's signature, appears to bespeak Martinez's household is considering filing a wrongful decease claim.
The Texas Department of Public Safety, the instrumentality enforcement bureau starring the probe into Martinez's death, has said its probe into the fatal shooting remains ongoing.
Dueling mentation of events
An internal ICE report released by the nonprofit American Oversight appears to correspond with the March 15 fatal shooting of Martinez. The report, which redacted Martinez's name, said the incidental progressive agents from ICE's Homeland Security Investigations subdivision who were helping South Padre Island constabulary officers power postulation successful the precocious nighttime hours pursuing a car accident.
The study describes a bluish Ford approaching the country wherever the ICE agents were directing traffic. The operator of the conveyance "failed to travel instructions" and tried to proceed driving, the study said. After commands from the agents, the study said the conveyance "slowed to a stop." The agents past surrounded the car and ordered the operator to exit the vehicle, according to DHS' account.
The study alleged the operator "accelerated forward" and struck 1 of the ICE agents, who "wound up connected the hood of the vehicle." At that point, different ICE cause fired "multiple rounds" astatine the operator done an unfastened broadside window, the study said. The operator was fixed archetypal assistance and past transferred to a infirmary successful Brownsville, wherever the study said helium was pronounced dead.
A rider who was successful the conveyance was taken into custody astatine the country by South Padre Island police, the study states.
In his declaration, Orta described himself arsenic a lifelong person of Martinez, saying their relationship dated backmost to pre-kindergarten. He called Martinez a "kind" and "gentle" idiosyncratic who worked astatine Amazon and Walmart.
Ruben Ray Martinez
Rachel Reyes via AP
Orta said that a fewer days aft Martinez's birthday, they decided to spell to South Padre Island, a fashionable destination for assemblage students. He said helium and Martinez had "a fewer drinks" astatine a friend's condo, unsuccessfully tried to participate a club, spent a "couple hours" astatine a excavation enactment and grabbed nutrient astatine Whataburger. When they headed backmost to the spot wherever they were staying, Orta said they came crossed "an mishap checkpoint oregon postulation stop." He said Martinez was driving.
Orta said 1 instrumentality enforcement serviceman saw that they had an unfastened instrumentality of alcohol. The serviceman told them to "turn astir and leave," Orta recounted. Then, Orta added, different serviceman "walked up to our car (and) slapped the hood."
"I aboriginal learned that the trooper's study said that Ruben had 'hit' the officer. That's not true. I was present, and I authorities intelligibly and without hesitation that Ruben did not deed anyone," Orta said. "The trooper seemed to beryllium trying to get successful beforehand of the car, similar helium wasn't moving retired of the mode erstwhile we tried to crook astir and permission similar the constabulary serviceman told america to do."
Orta said helium saw 2 oregon 3 officers who yelled astatine them to "stop." He said helium saw them gully their guns.
"This was brainsick to maine due to the fact that we were lone crawling similar the car was successful gear, but conscionable coasting. Ruben ne'er deed the gas," Orta said. "The troopers were ne'er successful information from Ruben and could person easy stepped speech portion we tried to crook astir and leave."
Then, Orta said, an cause helium aboriginal learned worked for ICE "approached the driver's side" of the car arsenic they were attempting to crook around.
"Without giving immoderate warning, commands, oregon accidental to comply, the cause fired aggregate shots astatine Ruben from an highly adjacent region — nary much than 2 feet," Orta said. "I heard Ruben say, 'I'm sorry,' and past helium slumped backward."
Orta called his friend's sidesplitting "unjustified."
"Ruben was unarmed, non-violent, not fleeing, and not resisting astatine the clip helium was shot," helium said.
Representatives for DHS did not instantly respond to a petition to remark connected Orta's allegations. In a anterior statement, the bureau said the ICE cause who changeable Martinez fired "defensive shots," alleging that Martinez "intentionally ran over" different agent.
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