Police recount crime scene in Chan trial
Officer believed suspect was under influence of alcohol or ‘something else’ during questioning
LAS CRUCES — Police recounted a scene of “controlled chaos” when they arrived at Hotel Encanto on Oct. 28, 2014, the night Tai Chan fired 10 gunshots at fellow Santa Fe County Deputy Jeremy Martin during a drunken fight on the hotel’s seventh floor.
Martin, 29, was struck five times — twice while in a seventh-floor room he was sharing with Chan and three times as he fled down a hallway. He died at a Las Cruces hospital.
Chan, 30, is charged with first-degree murder in Martin’s shooting death.
During his first trial in the case last year, Chan claimed Martin had threatened to shoot him dead in their room, using Chan’s own duty weapon. An argument between the two men escalated to a physical altercation, Chan said, and he was struck in the face by Martin, whom he claimed was armed. A struggle for the gun ensued, Chan said, and single round was fired. While he was on the floor of the hotel room, Chan said, he seized the gun and started firing.
Martin fled from the room, Chan said, and he followed, shooting at Martin as his colleague ran down the hall toward the elevator.
Jurors were unable to reach a unanimous verdict.
On Friday, the fifth day of Chan’s retrial in the 3rd Judicial District Court in Las Cruces, some of the first officers on the scene took the stand.
Sgt. Todd Froats, a now-retired 19-year veteran of the Las Cruces Police Department, recounted entering Room 711 at Hotel Encanto, where the shooting
began. Froats said he and other officers had found the door closed and locked. They gained access with a hotel pass key.
He saw casings and bullet holes in the seventh-floor walls and the elevator, Froats said, as well as blood on one of two beds in the room. Testing later determined the blood was Chan’s. When he found Chan in a stairwell after the shooting, Froats said, he saw blood on Chan’s face and mouth, and running out of his nose.
Chan, at first cooperative, began making incoherent statements, Froats said.
He testified that Chan appeared impaired during questioning and talked about “people floating in the air” and “people in sweaters floating in the parking lot” and “people trying to get him.” Froats also said Chan made a reference to a bomb in the building. He said he did not notice an odor of alcohol on Chan’s breath when they spoke “at arm’s length.”
Las Cruces Officer Jonathan Boehne also said he did not smell alcohol on Chan, but believed he was under the influence of alcohol or “something else” because he was not responding coherently to questions.
Boehne said Chan was “disengaged” during questioning and kept looking at the door to Room 711, saying, “Don’t go in there, it’s dangerous. They have guns.”
Part of the day’s testimony focused on cellphone logs and photo evidence.
Shari Vialpando-Hill, an evidence technician with the Las Cruces Police Department, took photographs inside and outside Hotel Encanto.
In a series of photos taken on the hotel’s seventh floor, she identified five casings found in the room and five more just outside the door.
She also identified photos of a blue duffel bag that belonged to Martin. The bag contained two holstered weapons, a 9 mm and a 357 Glock that belonged to Martin. Both were loaded.
She discussed photos of Chan she took at a holding cell, showing scratches on his chest, neck and shoulder blade, and a red substance on his fingers.
Photos of Chan taken at the shooting scene by other investigators showed him with dried blood around his nose and mouth.
Las Cruces officer Max Weir, a cellphone forensics specialist, outlined a series of text messages between the two deputies, beginning at 10:40 p.m. that night. A message from Chan to Martin asked, “where are you.” A response came at 10:42 p.m., stating, “outside having a chew.” A minute later, Chan responded: “Thank God, bud. I’ve been so worried.” At the same time, a message from Martin’s phone to Chan said, “anyways.”
Around midnight, Martin sent a message to Chan, but it had no content. A final instant message from Martin was sent at 12:28, saying, “where are you,” but it was unclear if that message was intended for Chan or another person.
The trial will resume at 8:30 a.m. Monday and is expected to continue through the week.