Executive Summary
- Joshua Orta, the key witness to a 2025 ICE shooting, died in a car crash in San Antonio.
- A grand jury declined to indict the ICE agent involved in the shooting of Ruben Ray Martinez.
- Orta’s written statement had disputed the official law enforcement account of the shooting.
- The Martinez family and their attorneys are continuing to seek findings from the Texas Rangers.
SAN ANTONIO — Joshua Orta, identified as the primary eyewitness to a fatal 2025 officer-involved shooting, died in a traffic collision in San Antonio shortly before a grand jury declined to indict the federal agent involved in the underlying case. The timeline of events has complicated the pursuit of legal transparency regarding the death of Ruben Ray Martinez, who was killed by U.S. Immigration and Customs Enforcement (ICE) personnel last year.
According to the San Antonio Police Department, Orta died over the weekend in a single-vehicle crash. Investigators report that Orta was exiting Interstate 35 onto Powell Street when he lost control of his vehicle and struck a utility pole. His death occurred just days before a grand jury convened to review the charges against the federal agent involved in the 2025 shooting.
The underlying incident took place on March 15, 2025, in South Padre Island. Orta was a passenger in a vehicle driven by Martinez. Authorities state that ICE agents were assisting local law enforcement with traffic control at the time. According to official agency reports, Martinez allegedly ignored commands and struck an agent with his vehicle, prompting another agent to fire defensive shots, which proved fatal.
Prior to his death, Orta provided a written statement to attorneys that disputed the law enforcement account. In his testimony, Orta asserted that Martinez did not strike anyone with his vehicle before the shooting occurred. It remains unclear whether jurors were presented with Orta’s written statement during their deliberations.
On Wednesday, the grand jury determined there was insufficient probable cause to indict the ICE agent. Starleen Arriaga, Orta’s sister, stated that the events of the previous year had deeply affected her brother, describing him as a changed man after witnessing his best friend’s death. Attorneys representing the Martinez family expressed devastation regarding the grand jury’s decision and emphasized that their efforts to seek transparency through the Texas Rangers’ investigation would continue.
It is a fundamental legal principle that all individuals involved in criminal investigations are presumed innocent until proven guilty in a court of law.
Legal and Investigative Implications
The declination of an indictment by a grand jury effectively closes the criminal chapter of this case against the federal agent, a statistically common outcome in officer-involved shootings where self-defense is invoked. However, the death of the sole conflicting eyewitness complicates any potential civil litigation or internal review. With the primary source of contradictory testimony now deceased, the findings of the Texas Rangers and forensic evidence will become the sole determinants in establishing the historical record of the incident. This case highlights the challenges inherent in establishing liability when testimonial evidence is lost prior to adjudication.
