LAS CRUCES, New Mexico - Prosecutors are asking the retrial of a former Santa Fe County sheriff's deputy accused of killing a fellow deputy in 2014 be moved to February.
The original retrial of Tai Chan was set for November 28, 2016 but Chief Deputy District Attorney Gerald Byers filed a stipulated motion Sept. 2 asking the new proceedings be delayed.
Prosecutors say reconvening witnesses for a trial during the holiday season would be more difficult and expensive than delaying the trial.
Chan had been charged with first-degree murder in fellow deputy Jeremy Martin's death. Chan and Martin were in Las Cruces the night of the shooting in October 2014, staying at a hotel after transporting prisoners to Arizona.
Chan's attorneys say the shooting was in self-defense.
In June 2016, Judge Fernando Macias declared a mistrial after the jury deliberating Chan's fate failed to reach a verdict.
"It's hard. I mean I thought self defense was fighting for your life and now I'm fighting for my freedom," Chan said after the judge declared the mistrial. "I don't think words can describe (the feeling in the courtroom). Nervous, scared, terrified - all of those into one."