Judge sentences Charlie Tan to 20 years, says proof overwhelmingly shows he shot dad

Gary Craig , Will Cleveland | Democrat and Chronicle

Show Caption Hide Caption Charlie Tan sentenced to 20 years: 'Justice has been served' U.S. Attorney Grant C. Jaquith and assistant U.S. Attorney Lisa Fletcher talk about the sentencing of Charlie Tan.

SYRACUSE — Declaring there was a vast "disconnect" between the Charles "Charlie" Tan who was widely supported by friends and the young man who evidence shows fatally shot his father, a federal judge Monday sentenced Tan to 20 years in federal prison.

U.S. District Judge Frederick Scullin Jr. said the proof was overwhelming that in February 2015 Tan blasted his father, Liang "Jim" Tan, three times with a shotgun. Yet, while Tan has apologized for his actions the day his father was slain, he has not confessed to the homicide.

Nor did Tan say in court Monday that he murdered Jim Tan.

"To this day you have refused to explain what happened that night," Scullin said.

Tan in June pleaded guilty to three federal crimes — two admitting that he duped a friend into purchasing the shotgun for him and another acknowledging that he knew the gun would be used in a crime.

Federal sentencing guidelines recommended a sentence of 25 years — the maximum under the law — for Tan. Judges are not bound by the guidelines.

Tan's attorneys sought a sentence of five years, saying that Jim Tan was abusive and Tan feared his father would kill his mother, Qing "Jean" Tan.

“Clearly there is a side of you that others (supporters) are unaware of,” Scullin said. #roc @DandC — Will Cleveland (@WillCleveland13) November 19, 2018

In court Monday, one of Tan's lawyers, James Nobles, countered the claims that the homicide was premeditated saying that, if so, it was the worst premeditated murder "in history." Instead, he said, Tan was driven by the fear of what Jim Tan might do to Jean Tan.

Tan spoke briefly Monday, saying he now realizes there were "numerous alternatives" he could have chosen, short of the homicide of his father (which, again, Tan did not confess to the crime). He said, if given the opportunity by the judge, he will "work on myself" and find a way to help others in the community.

Several dozen friends of Tan packed the courtroom in Syracuse on Monday for the sentencing. Those friends, Nobles said, "have stuck by him" since Tan was accused of the murder of Jim Tan in February 2015.

Tan attorney on sentence: 'I'm disappointed' Charlie Tan sentenced to 20 years in prison for illegal weapons charges.

After a jury failed to reach a verdict in a 2015 trial, a judge tossed out the criminal charges, ruling there was not enough evidence to support the charges. An appellate court determined the ruling was wrong on the law, but could not be reversed.

Last year federal authorities arrested Tan for the illegal gun purchase. He has been jailed since.

A former student council president at Pittsford Mendon High School, Tan was attending Cornell University at the time of the homicide. He emptied his bank accounts, tricked a friend into buying the shotgun for him, and drove home to Pittsford.

After the slaying, Tan and his mother fled to Canada, and the two had planned to travel from there to China, records show. Instead, they returned to Pittsford and called authorities about the homicide.

"This was not an impulsive act," Assistant U.S. Attorney Lisa Fletcher, the prosecutor in the case, said in court Monday. "It was premeditated."

She alleged — and Scullin agreed — that Tan first shot his father in the chest from a distance, then approached him and shot him in the chest again, before firing a close-range fatal shot into Jim Tan's face.

Despite the ample showing of support from friends who described Tan as a giving and kind young man, the law should not make a distinction between his homicide and that committed by others, Fletcher said.

"The law must be applied equally both to those who come from privilege and those who do not, both to those who can muster a room full of supporters and those who can't," she said.

Monday's sentencing was held in Syracuse because the 12-gauge Remington was purchased in Cortland County.

Typically, if a federal inmate behaves in prison, he or she will serve 85 percent of the sentence — or, in Tan's case, 17 years. The 14 months he has served will count against that time.

After the sentencing, Nobles said he and Tan's other attorney, Brian DeCarolis, plan to appeal the sentence from Scullin.

Scullin said Tan's actions, including the homicide and the recent discovery that he dealt marijuana and psychedelic drugs at Cornell, don't shoehorn neatly into the glowing image held of him by his supportive group of friends.

"Clearly there is a side of you that many people here are not aware of," the judge said, moments before imposing the two-decade sentence.

Tan, a Canadian citizen, will likely be deported after he is released.

GCRAIG@Gannett.com

WCLEVELAND@Gannett.com

Previous coverage

Gary Craig reports on new details about life in the Tan household. 911 calls made from the Tan home shed new light on the circumstances leading up to the murder of Jim Tan in February 2015.

Feds: Charlie Tan sold marijuana, psychedelic drugs to fellow Cornell students

Charlie Tan: Your questions answered

Charlie Tan on his father's death: 'I felt like there was no other option'

911 calls from Tan home: Arguments over food, cell phones and courtesy to guests

Charlie Tan is in jail. Where's the rest of his family?

Gary Craig reports on new details about life in the Tan household

Charlie Tan to be sentenced for illegal shotgun purchase