By Suzanne Ma, Josh Williams and Heather Grossmann
DNAinfo Reporter/Producers
TIMES SQUARE — A stolen-machine-gun-toting street peddler was killed during a shootout with an undercover NYPD sergeant near Times Square Thursday morning, police said.
The Midtown mayhem began shortly after 11 a.m., when the unidentified plainclothes officer spotted 25-year-old Raymond Martinez and his brother aggressively pestering tourists to buy CDs at Broadway and 45th Street.
When the officer asked to see their licenses, Martinez fled into a parking area beneath the Marriott Marquis Hotel, then spun around and fired two rounds at the officer with a MAC-10 machine gun before the weapon jammed, according to the NYPD.
The officer — a 17-year-veteran of the force who heads up a task force to stop illegal street peddling — returned fire, hitting Martinez twice, police said. Martinez was taken to St. Luke’s Roosevelt Hospital where he was pronounced dead.
“In a situation like this you would not generally anticipate that an individual would have a weapon on him with 30 rounds of ammunition,” Police Commissioner Raymond Kelly said at a news conference outside the hotel Thursday. “So this was a surprise, yes, we’re very lucky that those rounds were fired, that the gun jammed.”
Kelly added that the shooting appeared justified.
“The officer was prudent. There was no one else in the immediate area. He took a defensive position and fired,” Kelly added.
The foot-long compact machine gun was reported stolen in Richmond, Virginia two months ago, and police found a Virginia gun shop’s business card in Martinez’s pocket, Kelly said.
On the back of the card was a handwritten note referring to a 1985 film about a man obsessed with martial arts: "I just finished watching 'The Last Dragon.' I feel sorry for a cop if he think I'm getting into his paddy wagon," the note read.
Police said Martinez, who lived in the Bronx, was wanted for a prior assault. They did not provide details.
Kelly said Martinez was part of a group of scammers in Time Square that used pressure tactics to bully passerby into buying unwanted CDs. The men would approach tourists, ask their name, then sign their names onto a CD and demand payment, he said.
"He was a good person, he had a great heart," a man identifying himself as Martinez's cousin said. "It doesn't make sense."
Martinez's friends said he was the leader of a rap group called “Square Free,” who posted videos on YouTube of himself and his friends rapping in Times Square and elsewhere.
They refused to answer further questions until they spoke with police.
“It's tragic," said a woman who identified herself only as Martinez's mother.
Police questioned Martinez’s brother Thursday, but have not announced any arrests.
Witness Robert Mckuham, also a street peddler in the area, said he saw the gunman run up Broadway and turn on 45th Street, with the police officer on his heels. Then he heard several shots ring out.
"Over there on 45th, that's my usual spot, but as soon as I heard the shots I ran," said Mckuham. "I'm feeling lucky today."
The box office at the Marriott and a nearby store were both hit by bullets and police blocked off Broadway from 45th Street to 46th Street with yellow crime scene. Crowds of tourists and onlookers gathered near the crime scene.
John Galanopoulos, a hot dog vendor who works directly across from the Marriott, said it was the scariest scene in all his years in Times Square.
"I’ve been here 30 years and I’ve seen lots of people running around, police chasing them with guns. But nothing like this. That guy had a machine gun,” he said.
Mike and Cheri Callaghan, a West Virginia couple visiting New York City for the first time, joined the throngs surrounding the barricaded area.
“Welcome to New York,” Mike Callaghan said. “You’re not in Kansas anymore.”
Jen Glickel contributed reporting.
