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NYC correction captain pleads not guilty to attempted murder

Brian Martin, 36, was arrested Saturday, Dec. 22,

Brian Martin, 36, was arrested Saturday, Dec. 22, 2013, after a dispute with his wife, 39, turned into assault and he shot her in the face, Nassau County police said. He is charged with first-degree assault and first-degree criminal use of a firearm. Credit: NCPD

A New York City Correction Department captain pleaded not guilty to attempted murder Tuesday after a December shooting that authorities said shattered bones in his wife's face and left a bullet fragment in her neck.

Court records show Roosevelt resident Brian Martin faces four felonies as part of a grand jury indictment that followed his Dec. 21 arrest.

Authorities have charged that Martin, 36, shot his wife, 39, once in the face, critically injuring her during a domestic assault in their home. Court records identified her as Janine Martin.

Brian Martin pleaded not guilty to all the charges, and his lawyer said Tuesday there was a dispute about whether the shooting was intentional.

Defense attorney Edward Hammock said in court that statements made by his client after his arrest described the shooting as an accident that happened during an argument.

Brian Martin also faces felony assault counts and a charge of criminal use of a firearm, along with several misdemeanors.

Court records show the defendant told police the two had a fight, she punched him in the eye and they struggled. "We were fighting and she went to grab the gun and it went off," Brian Martin said, according to court records.

Hammock also said that the defendant called 911 and did what he could to treat his wife's injuries after the gunfire.

The lawyer said his client wasn't a violent person and had worked as a correction officer for about eight years.

A law enforcement source said authorities suspended the defendant from his job as a correction captain at Rikers Island after his arrest, and that the victim also works there as a correction officer.

The victim was in court for the arraignment as a prosecutor described her injuries and asked Nassau County Judge Helene Gugerty to increase the defendant's $100,000 bail to $500,000. The judge upped Martin's bail to $350,000 bond or $150,000 cash, and he was returned to custody.

Assistant District Attorney Amanda Burke said the victim, who has had surgery and will need more, now has metal plates in her face because the shooting shattered bones and knocked out most of her teeth.

She also said the indictment included charges linked to four other domestic violence incidents before the shooting that didn't result in calls to police.

Janine Martin was crying as she left court with her family and didn't answer a request for comment.

Hammock also declined to comment.

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