Albuquerque Journal

Judge dismisses long-running case against Tai Chan

Former Santa Fe deputy was accused of killing colleague

- BY ANDY STINY

A judge on Wednesday dismissed all charges in the long-running Las Cruces case in which a former Santa Fe County Sheriff’s Office deputy shot and killed his partner at a Las Cruces hotel after a night of drinking.

This ends the controvers­ial case that started with the October 2014 shooting death of deputy Jeremy Martin. There were six attempts to prosecute Tai Chan, with two jury trials ending in mistrials. Chan always maintained he shot Martin in self-defense.

Chan and Martin were overnighti­ng in Las Cruces while returning from delivering a prisoner to Arizona. They had been drinking at several Las Cruces bars before the shooting occurred, court documents say.

The case sent shock waves through the tight-knit Sheriff’s Office, which held a news conference the

day of the shooting during which a visibly emotional then-Sheriff Robert Garcia outlined details as his command staff listened.

“The 3rd Judicial District Attorney will not be filing any more charges against Chan,” said Roxanne GarciaMcEl­mell, a spokeswoma­n for District Attorney Mark D’Antonio’s office.

Garcia-McElmell said the DA’s Office will not contest the ruling with the Court of Appeals.

Chan’s Santa Fe attorney John Day and Garcia-McElmell confirmed that District Judge Conrad Perea of Las Cruces had dismissed the charge and fined the DA after finding prosecutor­ial misconduct. The judge fined the DA’s office $1,417.

That fine stemmed from a previous judge’s order that the district attorney provide a report to the court over alleged evidence tampering, which the DA failed to do, Day said. The judge also determined “that the six-year prosecutio­n of Chan violated Chan’s speedy trial rights, both under the NM and US constituti­ons,” Day wrote in an email.

Day and attorneys Tom Clark and Monnica Barreras filed appeals to dismiss the case.

Day said the judge dismissed a voluntary manslaught­er charge with prejudice, meaning it cannot be refiled. The original charge was firstdegre­e murder.

Day said his client was happy the charges were dismissed.

“It was clear from the start it was a self-defense case,” Day said in a telephone interview Wednesday. “Tai is grateful to the judge for recognizin­g what was going on here — the judge found prosecutor­ial misconduct. The fact that (the judge) dismissed the case and sanctioned the DA’s Office tells you all you need to know about the prosecutor.”

Day was grateful, too, that the book has finally been closed on the case.

“We are appreciati­ve of Judge Perea’s insight in this case,” he said. “It takes a lot of courage to do the right thing.”

Reached for comment, Chan’s father, Roy Chan, replied via text message: “We are all elated.”

 ??  ?? Ex-deputy Tai Chan
Ex-deputy Tai Chan
 ??  ?? Deputy Jeremy Martin
Deputy Jeremy Martin

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