A New York City correction captain faced a judge Tuesday in a Nassau County courtroom after being indicted on attempted murder and other charges for allegedly shooting his wife in the face, according to court records.
Brian Martin, 36, of Roosevelt, was arraigned Jan. 21 at the Nassau County Court in Mineola on charges that include attempted murder, assault, criminal use of a firearm, menacing, and criminal obstruction of breathing. He pleaded not guilty during the brief court appearance before Judge Helene Gugerty.
Assistant District Attorney Amanda Burke said there was a history of domestic violence that preceded the Dec. 21 shooting, adding that prosecutors have obtained photographs and witness statements that document at least four prior incidents, including one last month. In all of the alleged incidents, the police were never called to the home and no reports were filed.
Martin’s wife underwent surgery after last month’s shooting at their home on William Street in Roosevelt. She now has “multiple plates completely holding her face together,” as well as bullet fragments embedded in her neck, Burke told the judge. The victim was in court Tuesday, but declined comment as she left the courtroom crying.
Prosecutors said they have provided Martin’s attorney with copies of statements he allegedly gave to investigators. His lawyer, Edward Hammock, said his client’s statements indicated that the shooting was accidental.
“He doesn’t make any statements at all to indicate he intentionally shot her,” the defense attorney said in court. He also speculated that prosecutors added the additional domestic violence-related charges “to support the notional that this was part an ongoing pattern.”
Prosecutors also said Martin has a prior disciplinary history at the city correction department that includes allegations of excessive force against an inmate. A correction department spokesman did not immediately respond to a request for comment.
Gugerty ordered Martin’s bail increased to $150,000 cash or $350,000 bond. He was previously being held in custody on $50,000 bail.
Martin is due back in court on Feb. 27.