Doña Ana County Judge Conrad Perea on Monday denied the state’s motion to reconsider the dismissal of Tai Chan’s case without a hearing.
That means Third Judicial District Attorney Mark D’Antonio must make a fifth attempt to prosecute Chan after two mistrials and a charge dismissal by special prosecutors.
“Our position is this is a complete and insane waste of taxpayer dollars,” said John Day, Chan’s attorney. “In New Mexico, Tai Chan, or anyone is allowed to defend themselves.”
Chan is a former Santa Fe County sheriff’s deputy who stood trial twice in connection with the killing of his fellow deputy in 2014 at the Hotel Encanto in Las Cruces. Chan admitted to shooting Jeremy Martin, but insisted it was self-defense.
In both trials, the jury could not reach a verdict. A spokeswoman with the Third Judicial District Attorney’s Office confirmed the state will try again to reindict him.
“It’s been a long, long four years,” Day said. “It’s an outrageous travesty that Tai is still being prosecuted. At this point, it’s getting more into the ego of the prosecutors than doing justice in any sense.”
D’Antonio did not return immediate calls for comment.