Martinez died at the hospital. Police found the MAC 10 semiautomatic—which was stolen from Viriginia—at the scene and cards from gun shops on Martinez; on the back of one, he apparently wrote, "I just finished watching 'The Last Dragon.' I feel sorry for a cop if he think I'm getting into his paddy wagon."

The shooting, which took place at 11:15 a.m., was amid the hundreds, if not thousands, of people in Times Square. Tourists offered quotes like "It’s my first day in New York, so it makes very real what you see in the movie" (woman from Australia to the Times) as police pieced together the events from witnesses and surveillance video, which showed Newsom taking a "defensive" pose while firing.

Martinez's brother told the News, "I don't know what happened. My brother is gone. He was a good guy. He was not evil," while Martinez's mother said, "I want justice... That was my beloved son. I want to know why the cop didn't shoot him in the leg or something." (She did admit to WABC 7 that she didn't know why he had a gun in Times Square.) Police say Newsom followed procedures.