Charlie Tan enters not guilty plea to federal gun charges Saturday
Will Cleveland
Charlie Tan, the Pittsford man who had a murder charge dismissed in the slaying of his father, pleaded not guilty to federal gun charges Saturday afternoon in Syracuse.
A detention hearing was ordered for 9:30 a.m. Wednesday. He is being held in federal custody at the Cayuga County Jail in Auburn until then.
Tan, who was charged in a three-count indictment that was unsealed Friday, is charged with receiving a firearm and ammunition with intent to commit an offense and two counts of false statement during the purchase of a firearm, all felonies, according to the indictment. The alleged purchase happened four days before his father's slaying in 2015.
Tan, a Canadian citizen, was arrested by U.S. Immigration and Customs Enforcement agents after entering the United States over the Lewiston-Queenston Bridge on Friday.
Tan has been living in Canada, according to his attorney, Brian DeCarolis, and was coming into the U.S. to attend a friend's wedding.
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According to the indictment, Tan received a firearm, a Remington model 870 12-gauge shotgun, Winchester 12-gauge shotgun ammunition, and Remington 12-gauge shotgun ammunition "with intent to commit, among other felonies, murder in the second degree, manslaughter in the first degree, and manslaughter in the second degree."
The other counts allege Tan lied to a store employee at the Walmart store in Cortland, Cortland County, to obtain the firearm. Tan was charged in federal court in the Northern District of New York, because Cortland County falls under that jurisdiction. The Western District covers Rochester and Buffalo.
DeCarolis said he was shocked when he found out about the indictment.
"I was notified by the news," DeCarolis said. "We had no notice. My partner, James (Nobles), sent me a text last night. A member of the media had reached out asking for a comment. We knew nothing about it.
"To say that I am shocked is an understatement."
Assistant U.S. Attorney Richard Southwick, who appeared at the arraignment in place of his colleague, Miroslav Lovric, the case prosecutor, declined comment.
Before U.S. Magistrate Judge David Peebles, Tan was curt and courteous, responding to every question with a simple, “Yes, sir.” Tan was led into and out of court with both his hands and feet shackled. He was wearing an all-orange, long-sleeve outfit. If convicted, Tan could face deportation.
Friend Whitney Knickerbocker reportedly bought the gun at Tan's request after the store initially declined to sell the gun to Tan. Tan was turned down because of his Canadian citizenship. His paperwork was eventually approved — non-citizens can own guns in the United States — but by then the gun had already been purchased.
Knickerbocker has never been charged in association with the purchase of the shotgun. "It's a one-person indictment," DeCarolis said. "My understanding is that there will be no co-defendants. There's no one else charged, other than Mr. Tan."
Tan was in his sophomore year at Cornell University on Feb. 9, 2015, when his father, Liang "Jim" Tan, was found dead in the second-floor office of their Coachside Lane home in Pittsford. Charles Tan was charged with murder and accused of shooting his father at close range with a 12-gauge shotgun.
In November 2015, then Monroe County Court Judge James Piampiano dismissed the murder charge against Tan. A panel of appellate judges ruled in March that Tan cannot be retried for the slaying, ruling that Piampiano's dismissal cannot be reversed.
However, the panel of appellate judges said that the decision from Piampiano, while it can't be reversed, was wrong in its claims that the evidence was insufficient to support the murder charge.
When asked if this was the government’s second attempt to come after Tan after his initial case was dismissed, DeCarolis responded, “Of course, it is. If Charlie Tan was convicted back in Monroe County, we’re not here today. No way.”
DeCarolis added, "This is less than 24 hours old to us. And I can tell you that my night last night was trying to find out where he was, when court was. …The logistics have been the primary concern. Getting into the substance of what’s in here (the indictment) has been secondary at this point."
DeCarolis said it wasn't unexpected that authorities would move for Tan to remain in custody.
He added that Tan's friends will again support him through these proceedings. "There is no doubt that the support network, the same people I would talk to time and time again 2½ years ago, I'm hearing from them again last night and today."
Monroe County District Attorney Sandra Doorley said in a statement, "Unfortunately, we are unable to pursue further charges in state court so we are certainly interested in how the federal prosecutors will move forward on their indictment against Charlie Tan."
Piampiano ruled on what is called a "trial order of dismissal," a standard request defense lawyers make during a trial for a dismissal of the criminal charges.