Orta says Martinez "did not hit anyone"

Passenger in Martinez's car and sole surviving witness, in statements to investigators and reporters before his death

He also told us unequivocally that Ruben did not hit anyone.
Open source (opens in a new tab)AP: Key witness who disputed ICE's account of the Martinez shooting dies in car crashParagraphs quoting Orta's account and the Martinez family attorney, Stamm.

Source and context

Reporting

AP: Key witness who disputed ICE's account of the Martinez shooting dies in car crash (opens in a new tab)Paragraphs quoting Orta's account and the Martinez family attorney, Stamm.

About this source

The Associated Press reports that Joshua Orta, the passenger in Martinez's car and sole surviving witness, said their vehicle was "just crawling as we were trying to turn around" and that Martinez did not hit anyone, and that Orta died in a car crash in San Antonio in late February 2026, days before the grand jury's decision. Attorney Stamm, representing Martinez's family, is quoted vouching for Orta's account.

Archived copy (opens in a new tab)

Before the quotation

Orta's account was relayed publicly by the Martinez family's attorney, Stamm, who said Orta confirmed the car was barely moving.

After the quotation

Orta died in an unrelated car crash in San Antonio days after these statements were reported.

How this statement is classified

Condemned

Case context: Was HSI Special Agent Jack Stevens justified in fatally shooting Ruben Ray Martinez?

The label describes this statement’s response within the context above.

Why this label?

The case's fixed reference point is whether Stevens's use of force was justified. Orta's account directly disputes the key factual premise Stevens gave for firing — that the car struck Sosa — which condemns the shooting as unjustified rather than merely disputing a characterization of it.

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Jack Stevens
South Padre Island police body-camera footage showing Ruben Ray Martinez's car at a roadblock as an agent stands beside the driver's window.
Credit: South Padre Island Police Department; frame published by CBS News

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Jack Stevens

Upon observing the vehicle strike SA Sosa causing him to fall onto the hood of the vehicle and driving through the scene, with SA Sosa clinging to the vehicle's hood, I discharged my service issued handgun firing through the open driver's side window striking the driver multiple times.
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