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BRIDGEPORT – City Councilwoman Eneida Martinez was denied probation on Friday for charges related to the operation of an illegal nightclub, after the presiding judge said she could not ignore Martinez’s connection to the death of Nyair Nixon.
On Sept. 27, 2020, the 21-year-old Bridgeport resident was shot by another customer inside Keystone Club – a bar that the councilwoman was allegedly operating without a liquor license and despite strict statewide COVID restrictions.
Charles Nixon, his father, is pursuing a civil lawsuit against Martinez for her alleged involvement in the murder. He claims that after his son was shot, the councilwoman instructed club staff to drag him onto the street, where he was hit by a car and killed.
State prosecutors have charged Martinez with one count of second-degree reckless endangerment and 10 counts of illegal sale of alcohol. On Friday, in front of both Martinez’s and Nixon’s family and friends, Judge Maria del Pilar Gonzalez denied her request for probation, emphasizing the severity of the charges.
“Although you are not charged with crimes related to a death, it is no less tragic that it could have been avoided had the circumstances of that evening been different,” Gonzalez said.
According to the judge, acceptance into an accelerated rehabilitation program is typically granted so long as the court finds that the crimes are not likely to occur again and that the crime was not of a serious nature.
Gonzalez said the 23 letters of support submitted by Martinez’s constituents and peers made clear that she is not likely to offend in the future. Quoting some of the letters, the judge said her supporters clearly believe Martinez is a caring and compassionate community leader who deserves a chance at rehabilitation.
But Gonzalez said the councilwoman’s actions that night could not be overlooked. Aside from the shooting, she pointed to Martinez’s seeming disregard for the health and safety of the other patrons in the midst of a pandemic.
“All of those complimentary remarks stand in stark contrast to the conduct she’s alleged to have engaged Sept. 27, 2020,” she said. “In fact, it’s difficult for the court to imagine the same person described in the letters of support is the one described in the record.”
As Nicole Tate, Nyair’s mother, cried and thanked the judge from the gallery, Gonzalez and Martinez’s attorney, Alec Gulash, scheduled a subsequent hearing for May 13.
After the denial, Nixon – who originally called Martinez’s probation application a “smack in the face” – told CT Examiner that Friday was a good first step in his fight for justice.
“That was one of the first people who acknowledged it in the way that we wanted to be acknowledged,” Nixon said of the judge.
Although Martinez, a longtime councilwoman lost her City Council race by 52 votes in 2021, she was recently reelected to her East End seat in November, and earlier this month, she announced that she would be challenging State Rep. Andre Baker for his 124th District seat in the 2024 election.
Nixon said the last few months have been especially difficult for him as Martinez looks to continue her political career, so it was vindicating, he said, to see a person in power refuse to sweep the death under the rug.
“You shouldn’t have the right to run for anything in the state of Connecticut that’s dealing with anything for the people because you’re not for the people,” Nixon said. “She shouldn’t have even been able to come this far.”
By state law, Martinez’s second-degree reckless endangerment carries a maximum six month prison term.
In addition to the criminal charges lodged against Martinez, both the civil lawsuit — against the councilwoman, the City of Bridgeport, the City Council and former city Health Director Lisa Morrissey — and a criminal case against Charles Lee Young, the alleged shooter, are continuing.
Jury selection for the civil case, in which Nyair’s estate is seeking $15,000, is beginning in April. Young, who was arrested in September, has pleaded not guilty to felony charges for murder, criminal possession of a firearm and carrying a pistol without a permit. He is scheduled to appear in court on May 13.