Charlie Tan was accused of killing his father, but a judge dismissed the case after a mistrial

ROCHESTER — A panel of appeal judges is now in charge of deciding whether Charlie Tan, the young man from Pittsford accused of killing his father Jim Tan, should be tried for murder again. 

A hearing took place Wednesday morning at the New York State Supreme Court Appellate Division on East Avenue.

Tan was tried for murder in 2015 in connection with the shooting death of his father, who was CEO of the Canandaigua-based Dynamax Imaging, at the family's Pittsford home. After a hung jury, a mistrial was granted. But a month later the trial judge, James Piampiano, dismissed the case entirely. It's technically called a "trial order of dismissal."

When that happened on Nov. 5, 2015, Charlie Tan walked out of court a free man. The prosecutors walked out of court surprised. The Monroe County District Attorney's office says what Piampiano did was a mistake and it wants the panel of appellate court Supreme Court Justices to reverse that order and grant another trial. 

"The people are here today asking this court to reverse a decision of Judge Piampiano which granted the defendant's motion a trial order of dismissal," said First Assistant District Attorney Kelly Wolford in the courtroom. 

After the hearing, Wolford told News 10NBC, "We want the judges to get to what the heart of this is, which is the people presented significant proof that Charles Tan was guilty of killing his father."

Charlie Tan's attorney Brian Decarolis' response was simple when asked why there should not be another trial: "There shouldn't be another trial because it's not allowed under the law."  

The earliest a decision is expected is March 24. If a decision is not handed down by that date, the next earliest date would be three weeks from that date, or April 14.

During the trial, allegations of abuse by the elder Tan against his wife and son arose as a possible motive for the killing, with the defense arguing that evidence pointed to Charlie's mother.