Gun battle in Middle of New York.Police shot dead unlicenced cd seller .

Christmas fear: A semi-automatic pistol lies on the ground in Times Square, where a plain clothes police officer shot and killed a man today.Clues: Officers inspect the discarded weapon and its nearby magazine after the gunfight.Rubbernecking: Some pedestrians paused to take pictures of the crime scene

Shattered: The shooting smashed gift shop windows .Taped off: Officers turn tourists and shoppers away from a cordoned off area where the shooting took place


A New York police officer shot and killed a machine gun-toting man in Times Square yesterday as thousands of tourists and Christmas shoppers looked on.

The suspect, 25-year-old Raymond Martinez, had been selling CDs on the street just before midday when a policeman in plain clothes asked him to produce a permit.

Martinez immediately fled through the crowds towards the Times Square Marriott hotel. As he ran, the pan handler produced a Mac-10 submachine gun and fired at the pursuing police officer.

As thousands of tourists ducked for safety, Sgt. Christopher Newsom produced his weapon and gunned down Martinez - shooting him in the chest and the arm.

The suspect was taken to Roosevelt Hospital, where he later died.

'I heard at least six shots,' said John Grisewood, 60, a tourist from London. 'It happened about 10 or 15 feet away from me. The police officers were ducking and diving, trying to get out of the way. The police officers shot and dropped the guy.'

Martinez's brother Oliver returned to the family's home Thursday evening after hours in police custody.

The Martinezes' brother Anthony arrived at the home later Thursday, crying out that he hates police: 'They shot my brother!' he said, hugging Oliver.
New York Police Commissioner Raymond Kelly said the shooting preliminarily appeared to be within department guidelines, which allow for deadly force when an officer's life is threatened.

Police say the Martinez brothers were working a scam in which they would approach tourists, ask them their names, then write the names on the CDs and demand payment of $10.

They had already been given a summons by officers this year for not having identification.

Martinez's cousin Nailean Arzu said the slain man had been selling CDs in the area for years.

'He was my cousin. He was loved. Everybody loved him. It's a great loss to the family,' she said.

The hotel is located in the Broadway theatre district in the heart of Times Square.

The Marquis Theatre, where 'White Christmas' is now playing, is in the hotel.

Bullets from the gunfight shattered the window of the Broadway Baby gift shop and a side window of the box office on the street, police said.

Dave Kinahan, a tourist from Boston, was parking his car in a spot below street level at the hotel when he saw one man shooting another.

'I was 20 yards away,' Kinahan said. He said he thought, 'Is this real or this a movie?'

Raymond Martinez had been wanted for assault in the Bronx.

The gun he used in the shooting was reported stolen in Virginia on Oct. 28, police said.

He also had with him several business cards from gun dealers there, but it's not clear if he was also selling weapons, police said.

One of the cards had a handwritten message on the back: 'I just finished watching "The Last Dragon". I feel sorry for a cop if he think I'm getting into his paddy wagon,' according to police.

It's unclear who wrote the message, which apparently references the 1985 martial arts movie.

NYPD spokesman Paul Browne said officers pay special attention to scams and panhandling during the holidays.

Specialised units are set up in areas, including Times Square and Canal Street, where stolen goods, knockoffs and scams are prevalent.

'We focus on them this time of the year, because they're preying on tourists during the Christmas holidays,' Browne said.

NYPD Capt. Edward Winski of the Midtown precinct, where the shooting occurred, said arrests involving sellers on the streets have increased in the past few years.

So far this year, there have been more than 400 arrests involving illegal and licensed peddlers around Times Square.

But some say peddlers get a bad rap.

'I think they get treated tougher than they actually are,' said Zach McCabe, a comedian who has been passing out fliers for his shows for nearly a year on the strip of Broadway where the CD peddlers often stop tourists.

He said he didn't think the vendors harass people. 'I don't see it. I see them talking to people.'

A few hours after the shooting, the area had returned to the normal holiday bustle, even as dozens of police officers surrounded the hotel.

Donna Anderson of Murray, Utah, was staying at the Marquis. She was intrigued by what happened - not scared.

'I wanted to get a picture of the crime scene,' she said.


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