Attorneys say key eyewitness account was not heard as grand jury declined charges in ICE shooting

Grand jury issues no bill in South Padre Island shooting of San Antonio resident

A Cameron County grand jury declined to issue an indictment in the March 15, 2025, shooting death of 23-year-old San Antonio resident Ruben Ray Martinez, a U.S. citizen who was killed during a late-night traffic encounter on South Padre Island. The shooting involved Homeland Security Investigations (HSI), an investigative unit within U.S. Immigration and Customs Enforcement.

After the grand jury’s decision, attorneys for Martinez’s family said they were not told what evidence was presented to jurors and argued that a critical eyewitness account was not considered. The family’s legal team has also called for the release of the Texas Department of Public Safety investigation materials, saying the family needs access to video and investigative findings to evaluate the government’s account of the shooting.

Competing accounts focus on whether an agent was struck and whether warnings were given

The Department of Homeland Security has said Martinez “intentionally ran over” an HSI special agent, prompting another HSI agent to fire what the department described as defensive shots. Internal incident reporting released through public-records litigation also describes agents ordering the driver to stop, surrounding the vehicle, and then firing after an agent was struck and ended up on the vehicle’s hood.

Attorneys for the family say a statement prepared from interviews with passenger Joshua Orta—who was in Martinez’s vehicle—contradicts those claims. In that account, the vehicle was moving slowly as the driver attempted to turn around at the direction of an officer, and no one was hit before shots were fired. The account also describes gunfire at close range through the open driver’s side window and asserts that no warning or clear opportunity to comply preceded the shooting.

Witness dies as family prepares civil action

Orta, described by the family’s legal team as a key witness, died in a car crash in San Antonio in February 2026. His death occurred as the Martinez family and attorneys continued preparations for a wrongful-death lawsuit and pressed for disclosure of investigative records.

The central dispute remains whether Martinez’s vehicle posed an imminent threat to an agent—and whether the sequence of commands, vehicle movement, and gunfire supports the government’s characterization of “defensive” shooting.

What is known about evidence and outstanding records

The Texas Department of Public Safety has confirmed that the Texas Rangers completed an investigation. Public reporting indicates the family’s attorneys say they do not have body-worn camera footage from the agencies involved and are seeking any available video from law enforcement, traffic infrastructure, or nearby businesses.

• Date and location: March 15, 2025, shortly after midnight, South Padre Island.

• Grand jury outcome: No indictment issued in February 2026 after prosecutors presented the case.

• Key factual dispute: Whether Martinez struck or attempted to strike an agent and whether warnings and clear commands preceded shots.

• Next likely steps: Civil litigation and continued requests for release of state investigative materials and any video evidence.

With grand jury proceedings secret under Texas law and core evidence still not publicly available, the case now turns on whether investigative records and video can clarify the moments leading up to Martinez’s death and the justification for the use of deadly force.