A Texas mother has filed a federal civil rights lawsuit alleging that multiple public officials and private entities mishandled the investigation into the death of her 21-year-old son, failed to preserve evidence, improperly identified his remains, and cremated his body without providing an opportunity for independent identification. The suit names Bandera County, the Bandera County Sheriff’s Office, former Sheriff Daniel R. Butts, current Sheriff Josh Teitge, Justice of the Peace Randall J. Boysen, Lakeshore Volunteer Fire Department, volunteer firefighter Elliott Tijerina, Central Texas Autopsy, and Grimes Bandera Funeral Chapel as defendants. 

According to the complaint, Hunter Nicholas Martin was found deceased on July 9, 2024, after a travel trailer located at 186 Beach Shore Lane in Bandera County, Texas, was destroyed by fire. The complaint alleges as follows:

• On July 9, 2024, Plaintiffs son, Hunter Nicholas Martin, was found deceased in a travel trailer located at 186 Beach Shore Lane, Bandera, Texas. The structure was entirely consumed by fire.
• Conflict of Interest in Fire Response. Defendant Elliott Tijerina, acting as a solo volunteer firefighter, arrived at the scene before official dispatch toned out any department. He controlled the scene and nearly extinguished the fire alone. Subsequently, Bandera Fire and Rescue (the independent fire investigation unit) was explicitly cancelled, as reflected in the Cause & Origin report. Tijerina is personally connected to the individuals present at the scene, constituting a severe and uninvestigated conflict of interest.
• Destruction of Video Evidence. The Bandera County Sheriffs Office admitted in writing that all patrol and body camera videos from the primary responding officers were destroyed or not produced due to a “technical malfunction” across all four camera systems simultaneously. The retention, preservation, and production of that evidence fell under the command and policies of Defendant Butts, the Sheriff at the time.

The lawsuit further alleges that the autopsy documented “no soot in upper or lower airway” and measured carbon monoxide saturation at less than five percent, findings the plaintiff contends indicated that Hunter Martin was not breathing when the fire occurred. Despite those findings, the complaint alleges that investigators ruled the death an accidental overdose and classified the fire as “undetermined” rather than investigating whether the fire had been intentionally set. 

One of the central allegations concerns the identification of the remains. According to the complaint, the body was identified solely through a necklace described by the decedent’s father, without DNA testing, fingerprint comparison, dental records, or other scientific identification methods. The plaintiff alleges that the forensic pathologist later stated in writing that she had not been asked to establish a positive identification and that preserved blood samples could have been used for DNA confirmation if requested. 

The complaint also alleges that Justice of the Peace Randall J. Boysen signed an authorization relating to fingerprints and DNA samples after the death, but that the authorization was not provided to the plaintiff until months later in response to written public records requests. According to the lawsuit, the plaintiff repeatedly requested DNA identification in writing during the investigation but no scientific identification was performed before the remains were released. 

The plaintiff further alleges that she was never properly notified of her son’s death. Instead, according to the complaint, officials initially contacted a family acquaintance who stated that he did not know the decedent, attempted one out-of-service telephone number, and the decedent’s brother ultimately learned of the death only after calling 911 later that evening. The plaintiff alleges that she did not learn of her son’s death until the following day through indirect communications from private individuals rather than from law enforcement or fire officials. 

According to the complaint, after the fire investigation was canceled, Grimes Bandera Funeral Chapel personnel transported the remains directly to Central Texas Autopsy. The plaintiff alleges that she was not notified, consulted, or given an opportunity to participate in the identification process. The lawsuit further alleges that the funeral home later sold her a cremation package, that the remains were cremated before official death certification was complete, and that she has never received a complete chain of custody documenting the handling of her son’s remains. She also alleges that several items of personal property, including a firearm, cellular telephone, and jewelry, were never accounted for. 

The complaint alleges that the plaintiff sent newly elected Sheriff Josh Teitge a written demand on April 3, 2025, requesting an investigation into her son’s death, but that no investigation was initiated. The plaintiff also alleges that she sought assistance from the FBI, the Texas Rangers, the Texas Attorney General’s Office, the Governor’s Office, and the Texas Funeral Service Commission without obtaining an independent investigation. 

The lawsuit asserts claims under 42 U.S.C. § 1983 for alleged violations of due process and equal protection, contending that the defendants deprived the plaintiff of her rights as next of kin by excluding her from the identification process, obstructing access to public records, and failing to conduct an adequate investigation. The complaint also includes a state-law claim for intentional infliction of emotional distress. 

The plaintiff seeks declaratory relief, an injunction directing an independent federal investigation into her son’s death and the alleged destruction of evidence, compensatory damages, punitive damages against the individual defendants, attorney’s fees, costs, and other appropriate relief.