Grand Jury Declines to Indict in Fatal Texas HSI Shooting; Judge Orders Evidence Release in Chicago Border Patrol Case

A Texas grand jury has declined to issue criminal indictments in the fatal 2025 shooting of U.S. citizen Ruben Ray Martinez by a federal immigration agent. In a separate case, a federal judge has ordered the release of evidence, including internal communications, related to the 2023 non-fatal shooting of U.S. citizen Marimar Martinez by a Border Patrol agent in Chicago. Both incidents involved agents from agencies under the Department of Homeland Security.

The Shooting of Ruben Ray Martinez

On March 15, 2025, Ruben Ray Martinez, 23, was fatally shot during an encounter with Homeland Security Investigations (HSI) agents on South Padre Island, Texas. HSI is an investigative unit within U.S. Immigration and Customs Enforcement (ICE).

The Department of Homeland Security (DHS) did not publicly disclose the shooting until media reports emerged nearly 11 months later.

The Texas Department of Public Safety (DPS) led the investigation. On February 12, 2025, the Cameron County District Attorney’s Office announced that a grand jury presented with the case declined to hand up indictments.

Official reports and witness accounts present differing versions of the events leading to the shooting.

• Federal Agency Account: A DHS statement alleged that Martinez "intentionally ran over" an HSI special agent, prompting another agent to fire "defensive shots." An internal ICE incident report stated that HSI agents were assisting local police with traffic control when Martinez's vehicle approached. After agents surrounded the vehicle and ordered the occupants out, the report claims the driver "accelerated forward," struck an agent, and was then shot by a supervisory agent through the driver's side window. The agent who was struck was treated for a knee injury.

• Witness and Video Accounts: Attorneys for Martinez’s family cited a draft affidavit from passenger Joshua Orta, who stated the vehicle was "just crawling" and that Martinez did not hit an agent. Orta's account said an agent fired into the window without warning.

Body camera footage obtained by CBS News reportedly shows Martinez's vehicle with brake lights illuminated and moving minimally when gunshots are heard.

A preliminary briefing by a police officer at the scene, captured on body camera, described Martinez accelerating and being "on top of the other agents," but did not mention officer injuries. Joshua Orta died in a car crash prior to the grand jury decision.

• Family Statements: Martinez's mother, Rachel Reyes, stated her son was shot three times. She reported that a Texas Rangers investigator told her video evidence contradicted the federal agents' account. Toxicology results indicated the presence of alcohol and marijuana in Martinez's system.

The Shooting of Marimar Martinez

On October 4, 2023, U.S. citizen and teaching assistant Marimar Martinez was shot five times by Border Patrol Agent Charles Exum in Chicago, Illinois. The shooting occurred during "Operation Midway Blitz," a period of increased immigration enforcement.

Martinez was initially charged with felony assault after DHS officials alleged she attempted to ram agents. Those charges were dismissed with prejudice in November 2023 after video evidence emerged.

U.S. District Judge Georgia Alexakis granted a motion to lift a protective order on evidence, citing public interest and the government's "zero concern" for Marimar Martinez's reputation while seeking to protect Agent Exum's.

The released materials include:

• Body camera footage from agents at the scene. Footage shows agents discussing getting "aggressive" before an apparent collision, followed by five rapid gunshots.
• Text messages and emails. In texts, Agent Exum described his shooting, stating, "I fired 5 rounds and she had 7 holes." He also texted about receiving support from high-ranking officials.
• An email from then-Border Patrol Commander Gregory Bovino to Exum hours after the shooting, praising his "excellent service in Chicago" and encouraging him to postpone retirement.
• Group texts where other agents congratulated Exum, calling him a "legend."

Martinez's attorneys have accused DHS of mishandling the investigation and disseminating false information, including labeling Martinez a "domestic terrorist" and accusing her of "doxxing federal agents"—claims for which prosecutors presented no evidence.

The attorneys also alleged evidence tampering, claiming Exum's vehicle was driven over 1,000 miles after the incident.

U.S. Customs and Border Protection confirmed Exum was placed on administrative leave and that use-of-force incidents are investigated.

Martinez testified before Congress about her experience and is scheduled to attend the State of the Union address as a guest of a U.S. Representative. Her attorneys are pursuing an administrative claim and plan to file a civil lawsuit.