The state appellate court on Friday has ruled that a judge’s decision to dismiss the murder charge against Charles Tan cannot be reversed.
Judge James Piampiano last year dismissed a second-degree murder charge against the Pittsford man who was accused of fatally shooting his father in February 2015. Tan was a 19 year old Cornell University student at the time.
Piampiano dismissed the murder charge after he had earlier declared a mistrial in Tan’s case.
The Monroe County District Attorney’s office had argued that the judge’s dismissal could be reversed.
But the appellate court says there isn’t a statutory basis for the appeal, and the panel agreed with the defense that retrying Tan would be a violation of the double jeopardy protection, which ensures that someone cannot be charged again for a crime after they have been acquitted.
Defense attorney Brian DeCarolis says his client will certainly be relived to get this news.
“From our standpoint this has been a longtime coming; I think we have felt very comfortable with the position that we’ve been in, really throughout, but nevertheless despite that confidence you like to hear from the bosses, you like to hear from the people that make the decision that you’re good.”
But DeCarolis says with the notoriety of the case, both in the community and online, it will be tough for Tan to be able to move on with his life.
In its ruling the appellate court did say that if it had been able to review the case on its merits, it would have agreed with the prosecution that the judge erred in dismissing the indictment.
