Defense wants statements the Pittsford man made to deputies the night of his father's death suppressed

SYRACUSE — Acquitted of his father's murder, Charlie Tan now is trying to beat a gun charge.

The murder case — in which Tan was accused of killing his father Liang "Jim" Tan, CEO of Canandaigua-based Dynamax Imaging, at their Pittsford home in February 2015 — was dismissed by a judge after a hung jury, a controversial decision in the Rochester area. Now, Tan is accused of lying to get a fraternity brother to buy the gun used to kill his father.

The indictment against Tan accuses him of illegally receiving a firearm with the intention of using it to commit a crime and convincing someone else to lie to buy it for him.

At the murder trial, it arose that Tan could not buy the gun because he is Canadian. Prosecutors say Tan's friend bought a shotgun at a Walmart store in Cortland that Tan later used to kill his father.  The friend was pledging a fraternity at Cornell University that Tan was part of, and court papers say Tan was his frat "big brother."

An evidence suppression hearing was held Wednesday in Syracuse. The number-one statement that Tan and his lawyers don't want the jury to hear was what he told a sheriff's deputy while handcuffed in his driveway on the night of his father's murder: "He's upstairs. He's dead. I had to do it. He was going to kill my mom."

Defense attorney Brian Decarolis indicated the deputies knew Tan was a suspect in a crime before they got on scene and should have read him his rights.

When asked what different it makes what Tan said that night in a gun case, Decarolis responded: "It's not a gun case. The first count in the indictment encompasses the homicide. The first count of the federal indictment requires proof by the federal government of some sort of homicide."

The gun trial starts June 25.