ALBUQUERQUE, N.M. (KRQE) – The Dona Ana County District Attorney will try former Santa Fe deputy Tai Chan for the third time for killing his partner in 2014.
The previous two trials have ended with a hung jury.
Tai Chan has said all along that he shot Deputy Jeremy Martin during a fight in a Las Cruces hotel in self-defense. The District Attorney still insists it was murder.
The Dona Ana County District Attorney filed the intent for a third trial on all charges late last week.
Just last month after two weeks of testimony, a jury took less than three and a half hours to decide they could not reach a verdict.
Six voted for not guilty; the other six were split on which charge to convict him on, murder or manslaughter.
Jurors in the first trial last year agreed Chan was guilty in the killing, but couldn’t agree on a charge.
Chan’s defense attorney says the evidence and verdict won’t change.
“Two juries have looked at this independently and both times decided not to convict Tai of any crime, so we will be ready for a third trial…There is that old definition of insanity of doing the same thing over and over and over again and expecting different results each time,” defense attorney John Day said.
KRQE News 13 also contacted the District Attorney Mark D’Antonio who released a statement saying, “after consulting with Jeremy Martin’s family we have decided to go for a third trial because we feel this is what justice demands.”
D’Antonio says while there are a few important issues that still must be addressed, his office is fully committed to moving forward with this case. He wouldn’t say if one those issues are asking for a change of venue out of Las Cruces.
Jeremy Martin’s family released a statement Tuesday afternoon saying they are hopeful they will get a guilty verdict in the retrial of Tai Chan for shooting Jeremy Martin. His family also doesn’t believe Martin can get justice in Las Cruces, but says they trust the District Attorney’s decision.