(NEW YORK) — Videos released by the Texas Department of Public Safety appear to cast doubt on the Department of Homeland Security’s account of a fatal agent-involved shooting of U.S. citizen that occurred in South Padre Island, Texas, in March 2025.

Ruben Ray Martinez, 23, was fatally shot by a Homeland Security Investigations agent on March 15, 2025. The incident was initially reported by local news outlets as an officer-involved shooting. DHS did not reveal the involvement of its agent until February when media outlets reported that the agents were involved.

In a statement given to San Antonio ABC affiliate, DHS said HSI agents were helping South Padre Island Police officers control traffic after an unrelated accident at the popular spring break destination when a driver “intentionally ran over” an agent “resulting in him being on the hood of the vehicle.”

The statement went on to say: “Upon witnessing this, another agent fired defensive shots to protect himself, his fellow agents, and the general public.”

DHS said an agent was taken to the hospital with a knee injury after the incident.

In a statement provided to ABC News, attorneys for Martinez’s mother said the video footage calls the DHS account of the shooting into question.

“These new videos confirm that Ruben’s car was barely moving when he was shot,” the statement from attorneys Charles M. Stam and Alex Stamm said. “That he was braking, not accelerating. That nobody was on the hood of his car. That nobody was in front of his car when he was shot. That he was shot at point-blank range through his side window by an ICE agent who was in no danger.”

The statement went on to say: “This batch of evidence shows no justification for Ruben’s killing.

In a statement, Todd Lyons, acting director of Immigration and Customs Enforcement, said: “We stand by the grand jury’s unanimous decision that found no criminality. This incident was investigated from every possible angle by an independent body, and it cleared our officer.”

Body camera video
Footage from the body-worn camera of a South Padre police officer appears to show Martinez’s blue Ford slowly approaching the intersection and moving forward when someone is heard saying, “Keep going.”

Martinez’s vehicle slows to a crawl or a possible stop as a group of pedestrians are seen crossing the street. Martinez moves forward after the pedestrians pass and officers appear to become concerned and yell, “Stop him” and “Get him out.” Three shots can be heard as the officer with the camera runs toward the vehicle.

Martinez’s brake lights appeared to be on when he is shot. Since the DPS footage does not include the perspective of the agent who shot Martinez, it does not show any possible impact between agents and the vehicle.

“Stop the f—— vehicle someone,” can be heard saying as the vehicle comes to a complete stop.

Agents are then seen pulling Martinez and his passenger, Joshua Orta, out of the car. Paramedics on scene begin to render aid roughly over a minute after he was pulled from the vehicle.

A toxicology report released shows Martinez has a blood alcohol level of 0.12% above the legal limit of 0.08%.

In his statement to ABC News, Lyons, the acting head of ICE, pointed to an investigative report done by the Texas Rangers which included analysis of multiple body cameras, and which showed Martinez holding a bottle of Crown Royal Whiskey and “rolling toward an officers location,” Lyons said in the statement.

Lyons’ statement continued: “Officers yell ‘where are you going’ and ‘stop him.’ At this point, an officer directing traffic ‘was directly in front of the Fusion’ and ‘only one-half a car length away.'”

Lyons said, “Martinez ‘rolled forward and made an immediate left turn.’ The agent then ‘appears to move as if he were on the vehicles hood.'”

The agent’s perspective
The agent who shot Martinez, identified in documents as Jack Stevens, said he approached the vehicle after an officer yelled to “get him out.” Stevens said that when he approached, he noticed the smell of marijuana coming from the driver’s side window, according to the documents.

“The driver’s eyes were open widely, fist clenched to the steering wheel, and he was looking past the officers on scene as he failed to comply with the loud and repeated verbal commands of multiple law enforcement officers. This is a behavior I have observed in my training and experience as a pre attack indicator and sign of noncompliance as the suspect is looking in the path of their intended movement and is not indicative of compliance,” he said.

“This path of movement, if left unmitigated, would, using the vehicle as a weapon, have resulted in numerous casualties,” he wrote.

Stevens said he was struck and knocked backwards by the driver’s-side front pillar and side mirror, according to the documents. He said he attempted to backpedal to avoid being run over and was “still in contact with the vehicle as the vehicle struck” another agent.

Stevens said recent incidents where vehicles had been used as a weapon, like the New Year’s Day attack in New Orleans earlier in the year were “fresh on my mind,” according to the documents.

“Upon observing the vehicle strike SA [Hector] 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. This action stopped the threat and gained compliance from the driver who stopped the vehicle and placed it into park,” he wrote.

A grand jury decided not to issue an indictment in the case, south Texas ABC affiliate KRGV reported.

Passenger speaks with investigators
In a recording of an interview that was also released, the passenger, Joshua Orta, told investigators that when they approached the scene of the accident, an officer spotted a container of alcohol in the vehicle but told him to keep going forward and turn to the left, but Martinez continued straight toward the other officers, Orta said.

“That’s when he, you know, panicked and turned the wheel, and he didn’t floor the gas but he kind of went a little bit and I guess they thought he was like trying to run the cop over or something,” Orta said in the interview.

“I saw the officer, kind of get on the hood. Like he didn’t hit him, but like he … caught his feet,” he said.

Orta said Martinez did not intend to run over the agents.

“He didn’t know what to do … he definitely didn’t want to go to jail. But as far as, like, running over an officer … he wouldn’t do that,” he said.

Orta died in a car crash in February, KRGV reported.

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(NEW YORK) — Police arrested four people after a smoke-generating “suspicious device” was thrown during a protest at the New York City mayor’s residence Saturday.

It was not immediately known if Mayor Zohran Mamdani or his wife, Rama Duwaji, were inside Gracie Mansion at the time. Mamdani had no public events announced but was in the city, according to his public schedule released Friday night.

Police sources told ABC News that the anti-Muslim protest was organized by a “known agitator.”

The NYPD bomb squad was investigating if the device was a smoke bomb, after some smoke started coming out of the device before the crowd was moved back, sources said.

No injuries were reported during the incident.

The mayor’s office did not immediately return messages to ABC News for comment.

Two unidentified people arrested were accused of throwing a suspicious device, police sources said.

One person was arrested for disorderly conduct and another person was arrested for deploying pepper spray, according to sources.

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