LAS CRUCES, N.M. (AP) — A judge has denied a request from a former New Mexico deputy accused of killing his partner in 2014 to have his murder case dismissed.
The judge also rejected another motion filed by Tai Chan's attorney last week that sought to disqualify Dona Ana County District Attorney Mark D'Antonio from prosecuting the case.
Chan is charged with murder in the shooting death of Santa Fe County Deputy Jeremy Martin after what authorities have said was an alcohol-fueled argument in Las Cruces on Oct. 28, 2014. The shooting happened at a hotel where the two deputies were staying overnight after transporting prisoners to Arizona.
Chan is set to face a retrial in May. The first trial was declared a mistrial after jurors could not reach a unanimous verdict.
Chan's attorneys have called for the case's dismissal over allegations of "outrageous government conduct" and a botched police investigation.
Defense Attorney John Day claimed D'Antonio had a conflict of interest because Las Cruces police Detective Irma Palos filed a lawsuit claiming she was denied resources to aid in her investigation into the shooting. D'Antonio issued a scathing letter to police Chief Jaime Montoya earlier this month saying the police department failed to notify him of Palos' claims.
Citing the letter, Chan's attorneys claimed the "divide" between the district attorney's office and the police department was grounds to disqualify the office from prosecuting the case.
But State District Court Judge Fernando Macias disagreed, saying the defense "fails to set forth a conflict sufficient to warrant disqualification."
Macias did rule that Chan's attorneys can re-interview Palos.
Day said Monday the defense team respects the judge's decision and is preparing for trial.