A Las Cruces judge has dismissed the first-degree murder charge against Tai Chan.
Chan is heading for a third trial for the killing of Santa Fe County deputy Jeremy Martin in a Las Cruces hotel in 2014.
Thursday, a judge in Las Cruces tossed the option of first and second-degree murder charges because in the mistrial last year, the jury didn’t want to convict on those charges.
Trying again at his August trial would be double jeopardy.
He can only be tried now on voluntary manslaughter charges which carry a max of six years.
This is a developing story, KRQE News 13 is working on gathering more information on this.