DA says Chan murdered partner, defense says former deputy’s actions protected by Constitution

Former Santa Fe County Sheriff’s Deputy Tai Chan did not kill his partner in self-defense, District Attorney Mark D’Antonio argued during closing arguments Tuesday.

Chan testified Friday he shot Martin in self defense during an argument. The two men were staying at the Hotel Encanto in 2014 after transporting a prisoner to Arizona. Chan said he was scared for his life and that Martin pointed the gun at him first. Witness testimony revealed the men had been drinking and arguing hours before the shooting.

Chan is facing a charge of First Degree Murder. If the jury decides he is not guilty of first degree murder, they it has the option of choosing Second Degree Murder or Voluntary Manslaughter.

In 2016, the jury deliberated for more than 13 hours before the judge declared a mistrial. Only a single juror believed Chan was guilty of first degree murder. The others were split between second degree murder and voluntary manslaughter.

The jury will have to decide whether Chan deliberately took away the life of his partner and fellow deputy Jeremy Martin. It will also have to choose whether Chan was intoxicated to the point where you could not comprehend what he was doing. Judge Fernando Macias also pointed out that a rash impulse is not a deliberate killing.

During closing arguments Tuesday, Deputy District Attorney Gerald Byers said Chan’s testimony was a lie. He started closing arguments by showing a photo of Martin. “This young man will no longer be able to hug his children,” Byers said.

Byers then showed a photo of Martin’s back, bloodied with bullets. He showed a photo of Chan with a bloody nose. “This does not look like a man fighting for his life,” Byers said.

Byers then did a reenactment of the shooting, demonstrating with the gun and a prop door how he says Chan chased Martin down the hallway and continued shooting.

Defense Attorney John Day started his closing argument by showing a photo of the Constitution. Day said that you have the right to defend yourself, and Chan acted in self defense.

“We don’t get to choose the moments of when to defend ourself but when that moment happens God help us we will know what to do,” Day said.

Day said Martin was the man with a gun who made a choice, and Chan acted to do what he was trained to do.