A judge dismissed all criminal charges against former Santa Fe County deputy Tai Chan in Las Cruces on Wednesday. The decision ends nearly six years of legal proceedings after two earlier trials ended in hung juries. The case stemmed from the fatal shooting of another deputy.
Las Cruces District Court Judge Conrad Perea dismissed the voluntary manslaughter case against Chan with prejudice. Defense attorney John Day said this ruling prevents the District Attorney from refiling the case.
Day said Judge Perea cited a violation of Chan’s right to a speedy trial. The judge also fined the District Attorney around $1,400 after finding prosecutorial misconduct.
“This is the longest-running murder case in New Mexico, up until today,” Day said. “It is time to move on.”
Chan shot fellow deputy Jeremy Martin in the back during an argument at a hotel in Las Cruces in 2014. The shooting happened as Martin fled.
The two deputies had stopped at the hotel after a night of drinking. They were traveling to transport a prisoner to Arizona.
Chan faced an original murder charge and went to trial twice. Both trials ended in a hung jury. Chan maintained the shooting was self-defense.
“In the second trial, the previous judge had found that there may have been tampering with evidence on the part of the prosecution in that case,” Day said. “He ordered the DA’s Office to provide an explanation, and they never did that.”
Day said the District Attorney’s Office is not appealing the decision. The brother of the victim reacted to the ruling.
“I think it is sadness, grief, anger, and denial,” James Martin said. “The case dismissal is not a not guilty.”
James Martin said he was glad prosecutors are not pursuing the matter further. He stated the family felt the prosecution mishandled the proceedings.
The Martin family stated it may consider civil options moving forward. The District Attorney’s Office did not respond to inquiries.
A dismissal with prejudice permanently closes a criminal matter in court. Prosecutors cannot bring the same charges against the defendant again. This action ends the state’s prosecution before any final jury verdict.
The ruling leaves Chan a free man in Las Cruces. The defense had submitted multiple motions to dismiss the action.
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