A grand jury on Wednesday rejected indictments over the fatal shooting last year of a U.S. citizen by a federal immigration agent during a traffic encounter in Texas, prosecutors said.
The shooting of Ruben Ray Martinez, 23, on March 15, 2025, by a Homeland Security Investigations agent wasn't publicly disclosed by the Department of Homeland Security until The Associated Press and other media outlets reported it last week.
The Cameron County District Attorney's Office said in a statement that a grand jury declined to hand up indictments after being presented the case. The office did not provide additional details.
DHS has alleged that Martinez “intentionally ran over" an HSI special agent, causing another agent to fire “defensive shots to protect himself, his fellow agents, and the general public.”
The shooting would mark the earliest of at least six deadly shootings by federal officers since a nationwide immigration crackdown was launched in President Donald Trump’s second term.
A passenger who was in the car with Martinez, Joshua Orta, had disputed DHS' account in a draft affidavit prepared last year, according to attorneys for Martinez's family. Orta, a key witness to the encounter, died in a car crash last weekend.
Martinez and Orta were on a Spring Break trip on Texas' South Padre Island when they neared local and federal officers directing traffic around a car accident at a busy intersection after midnight, according to the draft affidavit.
In a draft affidavit, Orta reportedly said Martinez did not hit an officer with his vehicle, that their car was “just crawling” and that a federal agent fired into the driver’s side window without “giving any warning, commands, or opportunity to comply.
Attorneys for Martinez's family did not immediately respond to a request for comment.
Martinez's mother, Rachel Reyes, previously said that her son worked at an Amazon warehouse, liked to play video games, hang out with friends, and hadn't had prior run-ins with law enforcement.
Martinez's death was reported by local media outlets at the time, but authorities did not disclose that the shooting involved a team from HSI.
An incident report from Immigration and Customs Enforcement described the officers' account of what happened while they were assisting local police redirect traffic around a car accident.
A four-door Ford with a driver and passenger approached officers, who ordered the driver to stop, the report said.
Initially, the driver didn't respond to commands but eventually came to a stop, and agents surrounded the vehicle, telling those inside to get out, according to the report.
The driver then “accelerated forward” and struck an HSI special agent “who wound up on the hood of the vehicle,” prompting a HSI supervisory special agent nearby to fire his weapon multiple times through the open driver's side window, the report said.
The draft affidavit disputes those details.
In it, Orta reportedly said that he and Martinez were first approached by a police officer who told them to leave. As they tried turning, another officer approached, slapped the hood and “seemed to be trying to get in front of the car,” it added.
Officers surrounded the vehicle yelling at them to stop and drawing their guns, the draft affidavit said, adding that Martinez was “only crawling," and never hit an officer or the gas.
An officer near the driver side window then pulled his weapon and fired without warning, the draft affidavit said, and Orta recounted hearing Martinez say “I'm sorry” as he slumped backward unconscious.
Reyes, Martinez’s mother, told AP last week her son was shot three times.
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