Video of the March 2025 fatal shooting of American citizen Ruben Ray Martinez obtained by CBS News appears to contradict claims by federal officials that Martinez was shot by an Immigration and Customs Enforcement agent because he “accelerated” and “intentionally ran over” another agent with his car.

The killing of Martinez, who was 23 at the time, in South Padre Island, Texas, on March 15, 2025, was reported by local news outlets at the time. But it was not until February of this year, nearly 11 months later, that ICE confirmed one of its agents had fatally shot Martinez.

In an internal report released by a nonprofit watchdog group last month, ICE said Martinez “accelerated forward” and struck an agent during the March 2025 incident. The Department of Homeland Security claimed in a statement that an ICE agent had fired “defensive shots” into Martinez’s vehicle after Martinez “intentionally ran over” another agent.

But body camera video, which has not been previously reported, shows that Martinez’s vehicle, a blue Ford Fusion, was stationary or going at a very low rate of speed when he was fatally shot. When gunshots are heard in the video, the brake lights of Martinez’ vehicle appear to be on.

After he’s shot three times, Martinez is seen being pulled from his vehicle, thrown to the ground by an ICE agent, face down, and then handcuffed. Personnel on the scene are not seen in the video providing medical care until after he is handcuffed.

CBS News reached out to representatives for DHS seeking comment on the footage.

The Texas Department of Public Safety investigated Martinez’s fatal shooting, though a grand jury last month declined to return criminal indictments in the case.

DHS’ official version of events had already been previously called into question by somebody at the scene. Joshua Orta, Martinez’s best friend and a passenger in the vehicle during the shooting, said in a draft declaration that his friend “did not hit anyone” and that he was trying to comply with commands from officers. Orta died in a separate car crash last month, before he could sign that declaration.

Texas DPS released dozens of records related to the investigation late Friday, including a video of an interview that members of the Texas Rangers conducted with Orta. During the police interview, Orta said he and Martinez had a few drinks earlier in the evening, and were driving from Whataburger to a friend’s condo when they encountered an area with heavy police presence.

At one point, a police officer told Martinez to stop the car, and he seemed to get “jittery” and “panicked,” according to Orta. He said that “out of reaction” Martinez “kind of pushed the gas,” but “he didn’t floor it, it was barely moving.” Orta said Martinez turned the wheel left and the car moved slightly. An officer “got on the hood a little bit” after his feet may have gotten caught, though he said he didn’t think Martinez hit the officer. After that, Orta heard an officer yell “stop” and then heard gunshots.

Asked why Martinez didn’t stop the car, Orta said he thought Martinez was “panicky” and “didn’t know what to do.” He suggested at one point that Martinez may have been nervous about an open container in the car. Orta also said at another point during the interview he was concerned that Martinez would get cited for driving while intoxicated.

“He definitely didn’t want to go to jail, but as far as running over an officer and endangering, he wouldn’t do that,” Orta told the two interrogators.

In her first television interview since her son’s death, Rachel Reyes told CBS News she has struggled to find “closure” because she had not received any videos or reports about Martinez’s killing nearly a year after. She called on investigators to be transparent and for federal officials to reform how immigration agents conduct their duties.

“I don’t blame President Trump for the death of my son, ’cause he wasn’t the one who pulled the trigger,” Reyes said, after noting she voted for Mr. Trump in 2024. “But I do think that something needs to be changed in that department as far as the pattern of violence or abuse and impunity.”

What happened in the body camera video?

The newly obtained video in question stems from a body camera worn by a South Padre Island police officer. ICE has said the federal Homeland Security Investigations agents involved in Martinez’s shooting were helping local police officers control traffic after a car accident.

Nearly 21 minutes into the video, Martinez’s vehicle is seen approaching an area with a heavy presence of local, state and federal law enforcement officers. Someone can be heard saying “keep going.” Martinez’s car is seen moving forward. The vehicle stops for a group of pedestrians.

At one point, some officers appear to become concerned, with one yelling “stop him” several times, followed by “get him out.” The officers rush towards Martinez’s vehicle, including the officer with a body camera.

Moments later, three gunshots are heard. Before and during the moment those shots ring out, Martinez’s vehicle appears to be moving very slowly, if at all, and the brake lights can be seen.

The video showed the rear of Martinez’s car when the shots were fired, so any activity near the driver was not visible when he was shot.

After the ICE agent shot Martinez, the vehicle is seen moving slowly. One officer is heard saying “stop the f—ing vehicle.” Then, the car comes to a complete stop. The occupants of the vehicle, Martinez and Orta, are directed to exit the vehicle. 

The video captures an ICE agent removing Martinez from the car and throwing him to the ground. Face down, he’s later handcuffed. The officers who restrained him are not seen providing medical care immediately after he’s removed from the vehicle. The video also shows Orta being taken into custody.

At around minute 23, emergency responders are seen rendering care and checking Martinez’s body for exit wounds. He was shot three times roughly two minutes earlier. 

In a statement, Charles M. Stam and Alex Stamm, the lawyers representing Reyes, said the footage raises further questions about the official account of the March 2025 shooting.

“These new videos confirm that Ruben’s car was barely moving when he was shot. 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,” Stam and Stamm said.

The body camera also captured what appears to be an officer providing a preliminary briefing to the South Padre Island police chief at the scene about a half hour after the incident. In that exchange, the officer claims Martinez “stepped on it” and was “on top of the other agents in front” before being shot. He does not mention any officers being injured. 

Orta said he and Martinez went to South Padre Island to celebrate Martinez’s birthday, saying they hung out with friends and had food and drinks the night of the shooting. A toxicology screen taken after Martinez’s death detected alcohol and marijuana in his system.

Asked about that screen in a recent interview, Stam, the family’s lawyer, said Martinez “was never stopped on suspicion of public intoxication or driving under the influence or anything of that nature.”

“It’s important to bear in mind that when Ruben lost his life, his car was in park, and right after those three bullets came through the window and went into his chest from that ICE officer, Mr. Orta’s statement, said that he said, ‘I’m sorry, sir,’ as his last words,” Stam added. “This was not someone who posed a threat.”

In the preliminary briefing caught on body camera footage, the South Padre Island officer alleges Martinez admitted to having alcohol in his vehicle.