Closing arguments in Tai Chan retrial begin Tuesday

• Jurors are expected to convene Tuesday on whether to convict Chan
• A prosecutor involved in the trial abruptly resigned late last week
• Chan's appearance at Jeremy Martin family's hotel sparks uproar
• Brother of Jeremy Martin blogs about retrial

LAS CRUCES - A high-profile murder retrial in which one ex-Santa Fe County deputy is accused of shooting another will continue — and possibly end with a verdict — on Tuesday in Las Cruces.

The trial, in which ex-Santa Fe County deputy Tai Chan is charged in the killing of fellow deputy Jeremy Martin, is slated to resume at 8:30 a.m. Tuesday at 3rd Judicial District Court, 201 W. Picacho Ave.

Jurors will receive instructions about their impending deliberations, and then both the defense and prosecution will present their closing arguments. After that, the jury will meet behind closed doors to decide on a verdict. That could take a matter of hours or days, depending on how quickly — or not — the jury is able to reach agreement.

The trial began two weeks ago, capped off Friday with the final defense witness: Chan himself testified to the 14-person jury, which includes two alternates. The retrial began with 15 jurors, but state Judge Fernando Macias allowed one to leave the panel last week because of a family situation.

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Chan, 30, is accused of gunning down Martin, 29, at the upscale Hotel Encanto shortly after midnight on Oct. 28, 2014, during an alcohol-fueled fight. Chan has claimed he carried out the shooting in self-defense. Authorities have charged him with first-degree murder.

The first trial in the case took place about a year ago and ended in a mistrial.

The retrial didn't take place Monday because Macias had other court matters scheduled.

Prosecutor resigns

The trial is coming to an end without prosecutor Ross "Rusty" Prindle, who resigned abruptly Thursday from District Attorney Mark D'Antonio's office. Beyond confirming his departure, prosecutors are declining to say much about Prindle's resignation.

"Because it's a personnel matter, I'm not at liberty to comment further," said DA spokesman Damien Willis. "As for the anticipated impact on the trial, we expect it to be minimal. The trial will proceed as scheduled."

TIMELINE: Tai Chan case

Hotel encounter

Family members of both Chan and Martin have been present in court for the duration of the retrial.

Coincidentally, some of Martin's family — including his widow, Sarah Martin — were staying at the same Las Cruces hotel as Chan's defense attorneys.

Chan visited the hotel to meet with defense attorney Monnica Garcia on Thursday, the evening before he was slated to take the witness stand. The two were walking through a lobby when they encountered Sarah Martin and other members of Martin's family.

Though Chan didn't take aggressive actions, Sarah Martin said the encounter greatly troubled her. She's staying in Las Cruces through victims' advocacy funding, and doesn't have a choice about where to stay, family members said. As it is, Sarah Martin said it's difficult to be in Las Cruces — the place where her husband was killed, much less to run in to Chan himself outside the courtroom.

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"For him to see me and advance towards me is quite terrifying," she said.

Chan's defense attorneys said both parties realized around the start of the trial that the Martins were staying in the same hotel they were. One attorney said there had been miscommunication with Garcia about the issue.

James Martin, Jeremy Martin's older brother, said he was upset because there had been a pledge early on by Chan's attorneys that they wouldn't take Chan to the hotel.

"She asked him not to continue, but he came towards her," said James Martin of the incident. "She was quite afraid."

James Martin said family members were hoping for Chan's bond to be revoked.

And, "at the very least, the defense team should not be in the same hotel as the victim," he said.

John Day, one of Chan's attorneys, said he understands the Martins' concerns, but the encounter was "inadvertent." Garcia and Chan left as soon as they saw the Martins, he said.

"No one was doing anything intentional," he said.

Day said he questioned why prosecutors didn't get a different hotel for the Martins two weeks ago.

Garcia said she and Chan had walked through an entrance that wasn't the hotel's main entryway, when they saw the Martins. They continued down a side hall.

"We were surprised to see them there," she said.

Blog posts

James Martin, Jeremy Martin's brother who is a former firefighter and police officer, has a blog, at mrjamesmartin.com, in which he's commented about the most recent trial, expressing concerns about the defense and character attacks against his late brother, such as a claim that Jeremy Martin used drugs and that he was the aggressor in the incident.

"I do hope it is clear that I am passionate about our court and the rights of the accused — even though it is a very very difficult situation for my family. That has not changed," he writes.

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Continues Martin: "If you are family or a friend, a member of this beautiful community or a regular Joe or Jane watching from afar, this particular trial can seem confusing and frustrating. In fact, at times it will be downright ludicrous and even a bit foolish. Our family appreciates those who approach us in the community to say so. It really means a lot. We all know, and we are living this together."

A white powdery substance had been found in Jeremy Martin's wallet; police initially said it could be an illicit drug. It turned out to be an over-the-counter drug.

Diana Alba Soular may be reached at 575-541-5443, dalba@lcsun-news.com or @AlbaSoular on Twitter.