Nearly a year after the March 15 shooting in South Padre Island, many details surrounding Ruben Ray Martinez’s death remain unclear.
SAN ANTONIO — For the first time, the attorney representing the family of Ruben Ray Martinez is speaking with KENS 5 about the fatal shooting of the San Antonio man by a U.S. Immigration and Customs Enforcement agent last year.
Nearly a year after the March 15 shooting in South Padre Island, many details surrounding Martinez’s death remain unclear. The case resurfaced after a watchdog nonprofit obtained ICE records related to the shooting. The public was unaware that the shooting involved agents up until then.
On Wednesday, a Texas grand jury declined to indict any of the agents involved.
The family’s attorney, Butch Hayes, said they believe the criminal investigation is now complete because the case was presented to a grand jury. He said the family is asking to see all of the evidence before deciding their next steps.
“What happened in the seconds prior to those gunshots, and how did they treat Ruben after that?” Hayes said. “What happened?”
Martinez drove up on a crash scene in South Padre Island on March 15, where ICE agents were assisting local law enforcement with traffic control, according to the Department of Homeland Security.
DHS has said Martinez failed to follow commands and struck an agent with his vehicle, prompting another agent to open fire and kill him.
But a passenger in Martinez’s car, Joshua Orta, disputed that account in a written statement, saying Martinez did not hit anyone. Orta died over the weekend in a separate car crash in San Antonio.
Hayes said Martinez had put the car in park before he was shot.
“The last thing that happened in Ruben Martinez’s life… he managed to put the car completely in stop,” Hayes said. “As he’s being shot, he’s telling the officer, ‘I’m sorry, sir.’ This is a tragedy that did not need to happen that night.”
It is unclear what evidence was presented to the grand jury, including whether Orta’s statement was included.
Hayes said the family has consistently asked to see any available video, including possible body camera footage or surveillance video from nearby businesses or traffic cameras.
“We have always wanted the video,” Hayes said.
Joining the family’s call for transparency is U.S. Rep. Joaquin Castro, who sent a letter Thursday to Homeland Security Secretary Kristi Noem and the director of the Texas Department of Public Safety, requesting information about the case.
Hayes said Martinez’s mother, Rachel Reyes, supports law enforcement and the president but believes information is being withheld.
The family does not plan to pursue legal action until they have reviewed additional evidence, Hayes said.
KENS 5 has submitted an open records request to the Texas Rangers, seeking video and documentation related to the shooting, and is awaiting a response.