SANTA FE, N.M. - UPDATE: Former Deputy Tai Chan will remain behind bars through the Thanksgiving holiday.
Chan turned himself in over the weekend. His Defense attorney, John Day sought to get the charge dismissed.
On Nov. 19, a judge refused to dismiss the charge.
Chan will be transported to Santa Fe County where he will remain in jail.
A pre-trial hearing is now set for Dec. 4 in Las Cruces.
A southern New Mexico prosecutor is moving again to retry a former Santa Fe County sheriff's deputy in the 2014 fatal shooting of a fellow deputy.
District Attorney Mark D'Antonio's office on Friday filed a voluntary manslaughter complaint against former Deputy Tai Chan in the shooting death of Jeremy Martin at a Las Cruces hotel during a work trip.
According to Chan's Defense attorney, John Day, Chan has turned himself into the Sandoval County Sheriff's office and is being held without bond. Day called the prosecution's move vindictive and an abuse of power.
Two trial juries were unable to reach unanimous verdicts on murder counts against Chan, and a judge in May ruled against further prosecution of Chan for murder on double jeopardy grounds.
Chan contends he shot Martin in self-defense following a night of drinking and argument, but who was the aggressor was disputed in court.
ABC-7 is told the case was then presented to a special prosecutor, dismissed, and then presented to court again but thrown out for improper procedure.
Now he faces a single charge of voluntary manslaughter, the charges alleging Chan used force he knew could be damaging or deadly.
Chan’s defense attorney told us over the phone they don’t see a reason for Chan to be arrested, even with a possible trial.
“Tai has been out of custody for four years. For four years they have been having these cases and they have not had him in custody. It’s never been an issue, and all of a sudden they decide they’re going to try and get him arrested. It’s clearly vindictive, it’s clearly improper, and we’re going to be seeking sanctions against the district attorney,” Day said.
Chan’s defense team will be filing the sanctions next week.