BRIDGEPORT — Former City Councilwoman Eneida Martinez, accused of violating pandemic restrictions at a social club she managed, came to court Tuesday hoping to convince a Superior Court judge to grant her a pre-trial probation program and ran head on into the Tate-Nixon family.
“I know she (Martinez) didn’t kill my son, but she was a councilwoman and should be held to a higher standard,” said Nixon’s mother, Nicole Tate, breaking into tears in front of the judge. “There is no accountability, nothing.”
Martinez, who stood a few feet from the family, showed no emotion. But her lawyer, John R. Gulash, after a brief discussion with the judge and prosecutor, told the judge he was withdrawing the application for accelerated rehabilitation.
The judge continued the case to July 8.
“I don’t know how she has the audacity to seek probation,” Tate said as Martinez walked by her in the courtroom.
Martinez and Gulash declined comment as they left the Golden Hill Street courthouse.
Accelerated rehabilitation is a pretrial program available to defendants accused of nonviolent crimes. Under the program the defendant does not plead guilty to the charges but is placed on up to two years of probation. If the defendant commits no other crimes during the probation the charges are dismissed.
In her opening remarks to the judge on the application, Supervisory Assistant State’s Attorney Ann Lawlor indicated she would oppose AR for Martinez.
Martinez, 50, is charged with second-degree reckless endangerment and 10 counts of illegal sale of alcohol.
Martinez lost re-election for her council seat after a hotly contested campaign involving her arrest. The Tate-Nixon family vigorously campaigned against Martinez’s re-election.
Martinez had been managing the former Keystone strip club on Barnum Avenue as a social club, according to police.
On the evening of Sept. 27, 2020, Nyair Charles Nixon was shot inside the club before stumbling outside and being hit by a car, according to police. There has been no arrest in the homicide.
Martinez was arrested several weeks later.
According to the arrest warrant affidavit in her case, when detectives went to Keystone to investigate the homicide, they saw hand-written signs on the entrance door stating it was a social club and patrons were allowed to bring their own alcoholic beverages.
Following the homicide, Martinez called Police Capt. Brian Fitzgerald and they met at Keystone, according to the warrant affidavit.
The affidavit states Martinez told Fitzgerald she was the manager of the Keystone Lounge but it was owned by Gus Curcio. When the homicide occurred, Martinez stated she was in the rear of the establishment and did not see the shooting, the affidavit states.
While reviewing surveillance video from inside Keystone, the affidavit states, Fitzgerald observed that most employees were not wearing face masks or any face coverings, patrons entered and remained inside without masks and there were no attempts to enforce social distancing. In fact, patrons at the bar area were standing so close they often touched, the affidavit states.
The affidavit states that the video showed Martinez working behind the bar, observing the sale of alcoholic beverages to patrons, and also observing the collection of money by security personnel.
There was no sign-in book or list of active members and employees were charging everyone admission to enter, the affidavit states. Security personnel checked many patrons for weapons but not all, the affidavit states.
At the time of the homicide, there were at least 200 people in the establishment, the affidavit states.
“When speaking to Martinez, she acknowledged that more people were probably inside than allowed,” the affidavit states.
Under health code rules because of the pandemic, Keystone — as an indoor recreational establishment — would have a limit of 50 percent occupancy with patrons and employees required to wear masks and use social distancing, the affidavit states.