Charles Tan case dismissal 'shocking'

A judge’s decision Thursday to make defendant Charles Tan a free man left a courtroom and community divided by emotion — from anger to elation; deep confusion to breath-taking relief.

Tan, 20, smiled widely following County Court Judge James Piampiano’s ruling, hugged his lawyers in the courtroom and left with a group of supporters who have been by the former Pittsford Mendon High School class president's side through months of court appearances and a four-week trial that ended Oct. 8 in a hung jury.

The decision prevents any further homicide-related charges from being brought against Tan in connection with the death of his father, Liang “Jim” Tan was found shot to death Feb. 9 sitting behind a desk in the family's Pittsford home. He’d been shot at close range at least three times with a 12-gauge shotgun that was purchased by Charles Tan’s friend earlier that week.

► MORE: Who was Jim Tan? We still don't know

Outside the courtroom, defense lawyer James Nobles said he and fellow defense attorney Brian DeCarolis “couldn’t be happier for our client” and believed the case against Tan lacked forensic evidence, which was the basis for Piampiano’s decision to rule in favor of Nobles’ motion to dismiss the charges.

A stunned gallery listened as Piampiano listed areas where he said Assistant District Attorney William Gargan failed to present sufficient evidence, such as the gun was never shown to be in Tan's possession, and it was never shown that Tan fired the gun.

[COMPLETE COVERAGE: CHARLES TAN MURDER TRIAL]

During Piampiano's lengthy and blistering analysis of the prosecution's case, he placed the jury's failure to reach a unanimous verdict squarely at Gargan's feet, and as the judge went on people in the gallery — most of them Tan supporters and reporters who thought the hearing would be brief and only to set a new trial date – began to sense what was happening and that a dismissal was a possibility.

Some cried. Everyone was stunned.

Video: Prosecutor Gargan 'shocked' by the dismissal

Gargan, typically reserved and calm, loudly interrupted the judge and asked to speak. When he was told no, Gargan continued on, at one point his voice booming through the courtroom speakers and Piampiano yelled back: "Do not yell into that microphone."

Piampiano threatened to throw Gargan in handcuffs, at which time a court deputy positioned himself close behind Gargan, preparing for such a directive from the judge.

When Piampiano finished his comments, Gargan countered with evidence and testimony that had been presented at trial including Tan’s own apparent admission that he had killed his father; and his mother, Qing “Jean” Tan’s, statement to a 911 operator that her son killed her husband.

At one point, Gargan suggested Piampiano must have “amnesia” because he ignored numerous pieces of evidence. Piampiano later asked Gargan if he wanted to retract the statement, which Gargan declined to do.

Video: Nobles says his team was one step ahead

Outside the courtroom, Gargan was composed but clearly dumbfounded by the decision.

“I stand by every decision I made here and I was more than willing to have handcuffs placed on me to be able to argue my point, because I didn’t cross any lines,” he said, calling the decision the most shocking and “absurd” judicial move he's seen in his career as a prosecutor.

“When you have someone saying ‘I did it. I had to do it. He was going to kill my mother.’ And you find the deceased. And you find the murder weapon. And the judge took great pains to point out that the murder weapon was found not in the house, but in the garage. That’s the sort of nuance that is of little meaning,” Gargan said, adding that the judge also ignored fingerprints on the shells used in the shotgun that killed Jim Tan, and Jean Tan's statements.

“Nothing has occurred that could parallel the decision that the court made today,” Gargan said.

“What I would look forward to is having you look for any murder trial in the state with that quantum of evidence leading to a decision made by a court equivalent to what happened today,” Gargan said. “You won’t find one and the reason you won’t find one is because the evidence presented at the trial clearly, thoroughly, and completely hurdled the standard necessary for a trial order of dismissal.”

Nobles said he was not surprised by the dismissal and that Piampiano made the right call.

When the judge reserved a decision on the motion until after the jury had left the building, it was clear that he was at least thinking about a dismissal order, Nobles said.

“What he said was absolutely right,” Nobles said. “There was no forensic evidence that connected our client to this case. All the other evidence was equivocal at best. Even in the light most favorable to the people, I thought this was a weak case."

DeCarolis said the judge's decision is not common, but does happen on occasion.

"It absolutely happens — it's just something the public and the media aren't exposed to it" because of its infrequency, DeCarolis said.

As he walked out of court, Tan walked up to reporters and was ready to give a statement but the defense lawyers instead ushered him away from the media and down a hallway.

When they returned without Tan, they declined to elaborate on his future plans other than to say to he would likely return to Cornell University where he was enrolled at the time of his father's death.

“He’s been living a nightmare for over a year with this case going on,” Nobles said. “Certainly at this point in time he can move on with the rest of his life.”

Tan's supporters left without comment.

James Englerth, who has known Tan for seven years including four years as his high school guidance counselor at Pittsford-Mendon, said he heard the news at school.

"The decision was at first a little shocking, but also very exciting," Englerth said. "We are thrilled that Charlie now has an opportunity to move on with his life."

Video: Piampiano talks about possibility of a dismissal a month earlier

Three jurors reached after the decision said they were shocked and disappointed by the decision and felt Piampiano erred in his ruling. The jurors, all three of whom were ready to convict Tan, acknowledged that some of the evidence was not presented well, but said there was plenty of it to warrant another trial.

"I don't feel justice was served based on the evidence that we heard in that trial and in the jury room," said Tracy Carpenter-Adams of Hilton.

She and fellow juror Christina McDonald said they were ready to convict based largely on the timeline of events, Tan’s presence in the home and his fingerprint on a shell. McDonald, of Henrietta, said other jurors wanted to see a bit more evidence, and a new trial might have produced information that the first jury never saw.

"Where is justice there?" Carpenter-Adams said. "If it's guilty or not guilty, he deserves a fair trial, either way."

Piampiano dismissed the jury on Oct. 8 after 50 hours of deliberations and after the jury revealed they had become deadlocked. Following the dismissal, jurors said they were split 8 to 4 in favor of convicting Tan, and wished they'd been given more time.

All three jurors on Thursday questioned why the judge didn't move to dismiss the case sooner.

"It does feel like a waste," McDonald said of the jury's work.

McDonald said she started the trial believing Tan was not guilty but by the time deliberations were done, was ready to convict. She and other jurors said if the accomplice theory — that Charles Tan was guilty because he at least assisted in the death of this father — had been allowed at trial Tan would have been convicted.

Carpenter, McDonald and juror Jennifer McGoff questioned whether Piampiano had another agenda in making the ruling, and its timing as Piampiano was elected to a 14-year term on state Supreme Court on Tuesday.

"Why did we wait till today to do this? I don't have those answers," Carpenter-Adams said, also questioning what message the dismissal sends. "I think Mr. Tan deserved another trial — not Charlie, Jim," she said. "I think he deserved justice, and I'm not sure it was done here."

McGoff said she was confused by the ruling.

“I don’t even know how to react,” McGoff said. “We scrutinized all the evidence and there was a lot of it.”

District Attorney Sandra Doorley reacted to the decision angrily, saying it re-enforces a perception of disparity within the criminal justice system.

"This is prejudice within the criminal justice system," she said. "This would have never happened to a city kid."

Her office is researching whether the decision can be appealed, she said.

"Due to the unprecedented decision today by Judge James Piampiano, our team has been working to determine our legal options and our next course of action," Doorley said in a statement later in the day.

"Our office will issue a release when we have made such a determination."

JHAND@Gannett.com

Includes reporting by staff writers David Riley and Gary Craig.

About the reporter

Jon Hand is a breaking news reporter who has spent most of his 22 years in journalism covering crime and courts. A married father of four, Jon also is a lacrosse and basketball coach, a part-time bartender and a small-business owner.