Story updated at 12:30 p.m.
LAS CRUCES – Tai Chan is a free man.
Judge Conrad Perea of the Third Judicial District Court dismissed the third case against Chan on Wednesday based on a violation of Chan's right to a speedy trial and due process.
Perea also granted a motion of prosecutorial misconduct and sanctioned a $1,414 citation to the Third Judicial District Attorney’s Office.
The case was dismissed with prejudice, meaning the same charges can not be brought against Chan again.
Chan, a former Santa Fe County sheriff's deputy, was originally charged with the murder of fellow sheriff's deputy Jeremy Martin while the two were at Hotel Encanto in Las Cruces.
Chan always claimed self-defense after he fatally shot Martin, on Oct. 28, 2014, after a night of drinking. The two had transported a prisoner from Santa Fe to Stafford, Ariz., and were staying overnight in Las Cruces on their way back to Santa Fe.
Chan was prosecuted on murder charges twice, resulting in hung juries both times.
The state filed a third case in January 2019 charging Chan with voluntary manslaughter.
The trial was scheduled for 10 days in May 2020 but was postponed until October 2020.
Perea previously found that a third charge of murder against Chan would constitute double jeopardy, which is a protected right under the Fifth Amendment to the U.S. Constitution and Section 15 of the New Mexico State Constitution. He then dismissed a case of voluntary manslaughter against Chan in October 2018 due to the District Attorney's office's failure to follow court rules and due process.
Perea said Wednesday that the matter should and could have been resolved in a timely manner, but it was not. The right to a speedy trial is a protected right under the Sixth Amendment to the U.S. Constitution as well as Section 14 of the New Mexico State Constitution.
As this case was the third case against Chan moving toward trial, Perea said it was an intermediate case, rather than complex like the first two. This means the case should have been handled within 15 months, but it is coming up on two years since the charge of voluntary manslaughter was filed on Jan. 16, 2019.
Roxanne Garcia McElmell, spokesperson for the DA’s office, said the DA does not plan to prosecute Chan again.
This story will be updated.
Leah Romero is a fellow with the New Mexico Local News Fund and can be reached at lromero@lcsun-news.com or @rromero_leah on Twitter.
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The night deputy Martin died
Oct. 27, 2014
- Between 5 and 6 a.m.: Deputies Tai Chan and Jeremy Martin left Santa Fe to transport a prisoner to Safford, Ariz.
- Noon: Chan and Martin arrived in Safford, Ariz.; they dropped off the prisoner and decided to drive to Las Cruces.
- Between 2 and 3 p.m.: Chan and Martin checked into the Hotel Encanto in Las Cruces; they shared a room on the seventh floor.
- Early evening: Chan and Martin had drinks at three establishments, including the bar inside the hotel.
- Around 9 p.m.: Chan and Martin arrived at Dublin’s Street Pub on University Avenue; they were at the bar with two of Chan’s acquaintances, including Josh Sexauer.
- Around 10 p.m.: Chan and Martin were spotted arguing at Dublin’s Street Pub. Chan testified that the argument was related to a double-homicide earlier that month in Santa Fe County. Martin was one of the first deputies to respond to the scene of the murder, according to Chan. At Dublin’s, Chan said he jokingly told Martin: “Well, you killed them. You didn't get there in time.”
- After 11 p.m.: Chan and Martin were driven back to the hotel by one of Chan’s cousins. Chan testified that once they got into their room, Martin began to argue about the double-homicide. Chan claimed that’s when Martin told him that he was going to frame Chan for murder. Chan said he then left the room after Martin went into the bathroom.
- At 11:56 p.m.: Chan called his then-girlfriend, Leah Tafoya, telling her that he’s being framed for murder. Tafoya testified that Chan sounded “incoherent” during the call, which had been disconnected after several minutes. Chan testified that Martin found him outside the hotel, and the two walked back to the hotel.
Oct. 28, 2014
- 12:13 a.m.: Chan answered a call from Tafoya after she tried calling him for several minutes. She never spoke directly with Chan but overheard him taking with an “unidentified male.” She heard the men arguing, followed by two gunshots.While testifying, Chan said he locked himself in the bathroom when he and Martin got back to their room. He said Martin pounded on the door, demanding that he exit. Chan said he exited the bathroom and told Martin to sit down. But that’s when, Chan claimed, that Martin walked toward a desk and retrieved a firearm and threatened to shoot him. The two fought to gain control of the gun, causing a single round to discharge. Chan said he grabbed the gun, went to the ground and began firing at Martin, who ran out the door. Chan followed, firing multiple shots at Martin as he ran down the hallway.
- 12:20 a.m.: First police officer dispatched to hotel; officer discovered Martin's bullet-riddled body near an elevator in the hotel lobby.
- 1:20 a.m.: Martin is pronounced dead at MountainView Regional Medical Center. He had been shot five times.
- 8:23 a.m.: Chan is booked into the Doña Ana County Detention Center and charged with an open count of murder.
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