The Monroe County District Attorney’s Office is seeking a new murder trial in the Charlie Tan case.
The office filed papers Thursday with NYS Appellate Court, asking that the dismissal of the charges by Judge James Piampiano be reversed and that the indictment on a charge of second degree murder be reinstated.
Last November, Tan’s trial ended abruptly during jury deliberations the the judge dismissed the charges against Tan saying that prosecution presented insufficient evidence.
"There has been a lot said about the fact that this wasn't necessarily appealable, and we feel that, given the circumstances, it absolutely is and this justice required us to seek this retrial," prosecutor Kelly Wolford told Time Warner Cable News. "So we feel that we set forth facts and a reason for the court to hear it and we're hopeful that they will and that we will have an opportunity to give justice to Jim Tan."
Tan was on trial for the shooting death of his father Jim Tan inside their Pittsford home in February of last year.
