DA: Gunman went through dying man's pockets during robbery

A gunman fatally shot a customer who tried to stop a Hempstead restaurant robbery before stealing the victim's cellphone and trying to force his way back inside the business to finish what he started, a prosecutor said Tuesday.

Defendant Deshawn Martin pleaded not guilty at an arraignment on a 20-count indictment charging him with first-degree murder in the Jan. 30 killing of Santos Argueta at Antojitos Express. He was also charged with five other robberies.

"This defendant has clearly continued to show no remorse for his actions," prosecutor Michelle Lewisohn said of Martin's alleged crime spree as two of Argueta's brothers were present in Nassau County Court in Mineola.

Authorities said that starting in October, Martin, 25, of Hempstead, robbed three Nassau County stores with what appeared to be a gun hidden in a paper bag. They said he made off with cash and escaped with the help of alleged getaway driver Shinel Waldrop.

Four days after the deadly shooting, Martin also robbed a 7-Eleven in Uniondale and a Dunkin' in Westbury, Lewisohn said during Martin's arraignment.

Acting State Supreme Court Justice Terence Murphy sent Martin, who faces up to life in prison if convicted, back to jail without bail.

Martin's attorney, Fred Pollack, said after court that he expected the case to go to trial and that evidence would show his client was innocent.

Argueta, a 49-year-old landscaper and father of three, ran at Martin after Martin came inside Antojitos Express shortly before 11 p.m. with a loaded gun, ordered patrons to the floor and pistol-whipped Argueta's friend, according to the allegations.

Authorities said the unarmed Argueta pushed Martin out of the restaurant, but Martin shot him three times at close range, including in the head and chest, after their struggle spilled outside.

Martin then "rifled through the dying man's pockets," stealing his cellphone before turning his attention back to the restaurant, Nassau County District Attorney Anne Donnelly said in a statement later Tuesday in which she called the case "truly chilling."

People inside the restaurant barricaded the store's entrance and Martin then fled the scene, Lewisohn also said in court.

The restaurant's owner previously described Argueta as someone with a familiar and friendly face who would socialize at the business.

Waldrop, 25, of Hempstead, pleaded not guilty to five counts of robbery in a separate arraignment Tuesday.

Prosecutors alleged she was Martin's driver when he robbed a Subway in Merrick, a Dunkin' in Hicksville and a 7-Eleven in Plainview in less than a week in mid-October.

"My client was not aware what was going on," Waldrop's attorney, Justin Feinman, said while asking for low bail that would allow for his client's jail release.

But prosecutor Stephanie Hernan said Waldrop made statements to authorities in which she admitted renting vehicles and being with Martin. Murphy then ordered Waldrop held in lieu of $500,000 bond, $250,000 cash or $2 million partially-secured bond.