GALVESTON, TX — The family of Randy Martin is considering a civil lawsuit after a Galveston police officer fatally shot the 47-year-old man during a traffic stop in May. A judge has ordered the city to turn over unredacted body-camera and dash-camera footage within five days, giving the family more evidence to examine before deciding what comes next.
Civil rights attorney Adalberto Ruiz and Martin’s mother, Paula Martin, spoke Thursday outside the Galveston County Courthouse. Ruiz said the family wants to review the additional video before making a final decision on legal action. Martin’s mother said the shooting came just weeks before her son’s 48th birthday and left her grieving a loss that has shaped the whole family.
Traffic stop on 55th Street ended in fatal shooting
The shooting happened May 18 in the 1700 block of 55th Street after what Texas Department of Public Safety investigators described as a traffic stop that turned into a confrontation. Officer Joshua Nino De Guzman stopped Martin after accusing him of running several stop signs while driving a black Lincoln that police had seen leave an alley near 5520 Ave. L, an area under narcotics surveillance.
According to the DPS report, Nino activated emergency lights and ordered Martin out of the vehicle. The encounter quickly escalated from there. The report says the officer and Martin struggled as Nino tried to detain him, setting off the sequence that ended with Martin being shot multiple times and dying at the scene.
What investigators say happened during the struggle
Texas Ranger Kyle Cornell reviewed dash-camera video and wrote that Martin pulled his arms away, wrapped an arm around Nino’s head and neck, and reached toward his waistband. Ruiz, describing the family’s view of the encounter, said Martin appeared to be in a painful hold and questioned what the officer was doing as the struggle continued.
Video reviewed by The Daily News appears to show Nino holding Martin’s arms behind his back and telling him to stop moving. The footage also appears to show Martin turning toward the officer and saying he was not going anywhere before Nino punches him in the head. The precise moments that followed became central to the later investigation.
Officer said he feared Martin had reached for a gun
Cornell wrote that Martin then retreated toward the vehicle and grabbed Nino’s holstered service weapon, according to the DPS report. Nino told investigators he believed Martin was reaching for a gun and feared he would be killed. He said he broke away from Martin, drew his own handgun and fired eight rounds as Martin raised what the officer believed was a firearm.
Investigators later found no firearm belonging to Martin. An autopsy showed seven gunshot entrance wounds. Those facts have become important for the family and their attorney as they assess whether the city and the officer should face civil liability in addition to the criminal review already completed by authorities.
Grand jury declined to indict De Guzman in September
Galveston police said a grand jury declined to indict De Guzman on Sept. 8 after Cornell testified. That decision left the officer without criminal charges in connection with the shooting. The family, however, says the lack of an indictment does not answer the larger questions they believe remain about how the stop was handled and whether the force used was justified.
Ruiz said the family is focused on accountability and has not ruled out a lawsuit. He argued that the case shows the city and department need to answer for how officers respond in situations like this. The judge’s order requiring unredacted video could help the family and its lawyers determine the strength of any civil claim.
Paula Martin says the loss has lasted through every holiday
Paula Martin said she was born and raised on the island and is still living with the pain of losing her son about 30 days before his 48th birthday. She said the shooting changed the family’s life in an instant and left holidays and milestones marked by his absence.
Ruiz said the family wants more than public sympathy. “We intend to prove that the officer’s actions were excessive, unnecessary, and negligent beyond the pale of normal officer conduct,” he said. Martin said she is trying to stay strong for her grandchildren and other children so they know someone cares about what happened to Randy.
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