Prosecutors are taking the next step toward retrying former Santa Fe County Deputy Tai Chan a third time, and that means dropping charges.
Chan was charged with first-degree murder for shooting and killing Deputy Jeremy Martin while on a prisoner transport in Las Cruces in October 2014.
Two juries failed to reach a unanimous verdict resulting in two mistrials.
Earlier this year, a judge ruled Chan cannot be tried on murder charges again because it would be double jeopardy. This means the only charge Chan can be tried on is voluntary manslaughter.
Wednesday, prosecutors dismissed all charges against Chan with the intent of getting him re-indicted on a voluntary manslaughter charge with a firearm enhancement.
They said it could cure any legal issues in the case.
It’s unclear how long that will take.
Chan was scheduled to go on a trial at the end of this month. The trial date has now been canceled.