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Galveston Officer Believed Man Shot Was Armed — but Investigators Found No Gun

New details emerge in Texas Rangers' probe of fatal Galveston police shooting: officer feared suspect had gun, no firearm found.

By mitch·3 min read
A patrol car sits beside a damaged sedan while a small bag of white powder rests on the sidewalk.

A Texas Rangers report, obtained by Houston Public Media, details how Galveston officer Joshua Nino De Guzman thought the man he shot had a gun during a routine traffic stop. Investigators, however, found no firearm at the scene. The encounter turned into a fatal struggle.

De Guzman killed Martin, 47, after firing eight shots at him. The incident took place in Galveston in May. The confrontation started with a traffic stop in the afternoon on May 18, when De Guzman claimed Martin had failed to make a complete stop at multiple stop signs.

The Stop That Started It

De Guzman observed Martin departing from a place known for “high drug trafficking area.” before stopping him. Footage from the body camera shows De Guzman moving toward Martin’s car, requesting his license and insurance, and instructing him to get out after reviewing the documents.

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De Guzman said he wanted to check that Martin didn’t have a firearm on him. He told investigators he was in immediate fear based on where Martin had been coming from. The officer said he tried to perform a pat-down, but Martin refused De Guzman’s commands and resisted.

The Struggle and the Shots

The body camera video captured the two men locked in a fight. De Guzman told investigators he thought Martin was reaching for a gun during the struggle and that Martin was going to kill him. He fired his weapon at Martin eight times.

Martin was seen by De Guzman throwing something from the vehicle before falling out onto his back. The person who was inside the car with him and witnessed the shooting later told investigators she believed Martin was discarding drugs.

What Investigators Found

The Rangers’ report includes a list of evidence obtained from the scene. It makes no reference to a firearm in Martin’s possession. Instead, investigators reported finding a clear plastic container next to multiple pieces of hard, rock-like white substances and crushed, powdery white substances.

According to investigators, the material resembled crack cocaine in appearance. The report’s presumptive drug tests came back positive, though they did not confirm what the substance actually was.

“According to the autopsy findings provided in the report, Martin sustained a total of seven gunshot wounds.”

The Grand Jury Decision

The Galveston Police Department made public in-car and body camera recordings from the shooting last week. The family of Martin is weighing whether to pursue legal action against the City of Galveston.

A grand jury earlier chose not to pursue charges against De Guzman, leaving the family’s pending legal case unresolved.

What the Report Shows

  • De Guzman stopped Martin for failing to stop at stop signs
  • He believed Martin had a gun during the struggle
  • No firearm was found at the scene
  • Martin sustained seven gunshot wounds
  • Drugs were found at the scene, but not on Martin

The document presents a sequence of events from a traffic stop that escalated rapidly. De Guzman’s terror seems authentic, yet the material available does not support the claim that Martin had a weapon.

De Guzman has not been charged by the grand jury. Instead, the family’s legal pursuit will carry the case forward.

Source material: “New details emerge in Texas Rangers’ investigation of fatal Galveston police shooting,” Houston Public Media.

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