SAN ANTONIO – Friends and family members of 25-year-old Joshua Orta gathered to remember him Thursday night after he died in a high-speed crash near downtown San Antonio early Saturday morning.
He was the passenger in the vehicle when 23-year-old Ruben Ray Martinez was shot by federal immigration agents during a traffic stop on South Padre Island last March. Orta provided testimony that contradicted police reports.
Orta’s sister, Starleen Arriaga, described him as “genuine” and said he cared deeply about everyone who was in his life.
“He was so giving, so humble, so kind,” Arriaga said, “and made sure everyone around him was taken care of all the time.”
The San Antonio Police Department said the driver, later identified as Orta, lost control of his vehicle on the Interstate 35 frontage road, near Powell Street, and crashed into a utility pole.
Arriaga said she was one of several passengers in the vehicle at the time of the Saturday morning crash. Police said they exited the vehicle and attempted to rescue Orta, but those attempts proved unsuccessful.
Arriaga said Orta and Martinez were best friends, almost like brothers.
The sentiment was echoed Thursday by the attorney for Martinez’s mother, Rachel Reyes.
“Ruben’s mom loved Joshua almost like a son,” attorney Butch Hayes said. “He grew up in her house.”
Orta’s loved ones said the shooting of Martinez took a toll on him, and he had a hard time coping with what he saw.
“That changed him so much,” Arriaga said. “That was his best friend, that was his brother.”
“He saw stuff that he was not supposed to see,” Arriaga continued. “Nobody — it doesn’t matter how old you are — it’s not something you should witness."
“He came back (from South Padre Island), and that was not my brother anymore,” Arriaga said.
Arriaga said it was heartbreaking for her family to learn that a grand jury declined charges in the deadly shooting Wednesday.
Orta’s testimony conflicts with key details of police report, attorney says
Martinez was shot and killed by a Homeland Security Investigations special agent during a traffic stop last March, according to internal U.S. Immigration and Customs Enforcement documents.
A spokesperson for the Department of Homeland Security told KSAT that Martinez attempted to run over one of the agents performing the stop, prompting a second agent to open fire.
However, Orta said Martinez did not hit anyone before he was shot and killed by officers, according to the attorneys representing Martinez’s family.
The special agents were assisting the South Padre Island Police Department in directing traffic after a major crash on March 15, 2025, according to the documents and statement from ICE.
Homeland Security special agents were redirecting traffic just after midnight, the report states, and failed to follow the instructions of agents.
However, Hayes said Orta witnessed Martinez slowly turning the vehicle around, as requested by an officer, and told attorneys that Martinez’s foot was not on the gas.
“He was doing one of these very slow turns,” Hayes said, “and it is sort of reminiscent of the turn that Renee Good made.”
Hayes and the ICE report said multiple rounds were then fired at Martinez through the open driver’s side window.
“He was shot at point-blank (range),” Hayes said. “Three shots, (fired) no more than two feet (away).”
A spokesperson for the Department of Homeland Security described the shots as “defensive,” saying that an agent was hit by Martinez, who wound up on the hood of the vehicle.
Hayes also said there is no video capturing the officer being hit or ending up on the hood of the vehicle, to his knowledge.
However, Orta said Martinez did not hit anyone, according to the attorney, and that a person walked up and banged on the hood of the vehicle. Orta alleged it was this officer who fired the shots at Martinez.
Orta also said that there were only five seconds between when the officer banged on the hood of the vehicle and when shots were fired, according to Hayes.
“What I understand from Joshua was that the very last thing Ruben did in his life was to ensure the car was fully stopped,” Hayes said, “and he said, ‘I’m sorry, sir.’”
Hayes said an agent then pulled Martinez out of the car, put him face down on the ground and placed him in handcuffs.
The report said agents rendered aid to Martinez, but Hayes said it took five to ten minutes after he was handcuffed before providing aid.
“As Ruben is lying on the ground there, face down with coughs, perhaps having already passed, he’s bleeding and no one’s doing anything about it,” Hayes said.
Martinez was later taken to a Brownsville hospital, where he was pronounced dead.
The Texas Department of Public Safety confirmed the Texas Rangers’ investigation was completed. KSAT requested the report but has not yet heard back.
After Martinez was shot, Hayes said Orta was placed in another vehicle by an officer, though he was unsure which agency they worked for, and left there for six to seven hours.
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