The family and their attorney announced the filing of a civil lawsuit against the bar, Sons of Boston.
Martinez was fatally stabbed by a bouncer at a bar in Boston earlier this month. Alvaro Larrama, 38, is charged with murder in his death. He is currently being held without bail.
""Since Daniel's death, the Son's of Boston has lost its entertainment license. The City of Boston has alleged that the bar allowed the man to staff the door with a weapon without a licenses to do so," the family's attorney, Thomas Flaws, said in a press conference Thursday.
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Martinez's family said he was in Boston with one of his Marine brothers. He served four years with the U.S. Marine Corps and just completed his service in September after achieving the rank of sergeant.
Prosecutors said surveillance video shows Martinez trying to enter the Sons of Boston pub near the city's famous Faneuil Hall with a friend March 19. When he was denied entrance by the bouncer, they exchanged words and then Martinez walked away, prosecutors said.
Prosecutors said the bouncer then chased after Martinez and attacked him. He was taken to a hospital where he died from a stab wound to the chest.
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"The city alleges that after the stabbing the bar did nothing to call for help for Daniel or to catch the person who had stabbed him. It has been reported that the assailant was allowed to re-enter the bar, clean blood off of himself and escape through the back door. These shocking allegations warrant, actually demand further investigation," Flaws added.
Martinez's father said the suit will allow his son's legacy of service to live on.
A private funeral service will be held on Saturday.