SAN ANTONIO – The family of a 23-year-old San Antonio man, who was shot and killed by a federal immigration agent, was “left in the dark” about the case being presented in front of a Cameron County Grand Jury on Wednesday, according to the family’s attorneys.
Butch Hayes, one of the lead attorneys representing the family of Ruben Ray Martinez, spoke exclusively with KSAT 12 in the firm’s first televised interview regarding the shooting.
“This is a fine young man who didn’t deserve to die that night,” Hayes said. “There may be some arguments that he was a threat to this police officer. Based on what we know from our sources, Ruben was not the threat that night.”
While disappointed, Haynes told KSAT the Martinez family was not surprised by the “no bill” decision.
“It would be difficult to imagine that law enforcement down in the Valley would present information that would indict other law enforcement in the Valley,” Haynes said.
Hayes said key evidence was not provided to the grand jury before it determined there was insufficient probable cause to move forward with criminal charges.
“The conclusion the grand jury reached, from what we understand, was not informed by Joshua Orta’s testimony.”
Orta was the passenger in Martinez’s vehicle, and Haynes said his account of events contradicted key details found in the police report. He died in a fatal crash early Saturday morning.
Haynes said Martinez’s mom, Rachel Reyes, “loved Orta almost like a second son.”
“Rachel is devastated by this,” Haynes said, “and the fact that Joshua passed five days ago makes things even worse.”
“The Orta family is equally traumatized, but they need to bury their son,” Haynes continued. “After all that’s said and done, then there might be an appropriate time for people to speak up.”
Attorneys said that the grand jury’s “no bill” decision changes nothing, and urged any witness with information about the shooting to contact the law firms of Thompson Stam or Haynes Law.
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 accident 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 instruction of agents.
However, Haynes 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,” Haynes said, “and it is sort of reminiscent of the turn that Renee Good made.”
Haynes 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),” Haynes said. “Three shots, (fired) no more than two feet (away).”
A spokesperson for the Department of Homeland Security described the shots as “defensive,” claiming that an agent was hit by Martinez, who wound up on the hood of the vehicle.
Haynes 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 claimed 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 Haynes.
“What I understand from Joshua was that the very last thing Ruben did in his life was to ensure the car was fully stopped,” Haynes said, “and he said, I’m sorry, sir.”
Haynes 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 Haynes said it took five to ten minutes after he was handcuffed before performing lifesaving measures.
“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,” Haynes said.
Martinez was later transported 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, Haynes said Orta was placed in another vehicle by an officer, though he was unsure what agency they worked for, and left there for six to seven hours.
Attorney says no bodycam footage from officers, calls for those with video to come forward
Haynes said it does not have any body-worn camera footage showing the events that led up to the shooting from ICE or the Texas Department of Public Safety.
When asked by KSAT whether any video existed, Haynes conceded that they had “information” that it would release at the appropriate time.
Haynes also said that the grand jury did not see any video that showed the officer.
“That is not, from what we understand at this point, something that people captured on video,” Haynes said.
Haynes said the attorneys are still looking for anyone who witnessed the shooting or any video that may be available.
“We need the police cam, the body cam, or any other footage from either the traffic lights or businesses that may have been collected,” Haynes said. “We just haven’t received any of it. And I think our client needs that.”
Martinez family proud Americans and Trump voters, attorneys say
The lawyers representing Martinez’s family said the pursuit of transparency in the shooting is not motivated by politics.
“She was a voter for Donald Trump,” Haynes said. “She believed in his message and his policies.”
Haynes also described the Martinez family as “proud Americans” and “strong supporters of law enforcement.”
“Ruben’s family really respects law enforcement and has been willing to give them the benefit of the doubt,” Haynes said. “They did not want to jump on the media bandwagon about what occurred in Minneapolis.”
However, after being “left in the dark” by the Cameron County District Attorney, Haynes said the family is searching for answers.
“As the D.A. said down there, it’s not only confidential, it’s secret.” Haynes said. “Okay fine, give us the video. Let us know what really happened.”
In a statement from Rachel Reyes, Martinez’s mother, she said all she wants is justice for her son.
“Since Ruben’s death a year ago, all we have wanted is justice for him, and we have struggled with the silence surrounding his killing,” Reyes said. “It’s my hope that attention being raised now into Ruben’s death will help bring the justice we want for him and the answers we haven’t had.”
Reyes also said the country is in “crisis” amid multiple shootings of U.S. citizens by federal immigration agents.
“Heartbreakingly, other families are enduring what we have,” Reyes said.
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