ROCHESTER, N.Y. -- Attorneys for murder suspect Charles Tan have withdrawn a challenge to statements the Penfield man made to a sheriffs deputy moments before his arrest.
Tan is charged with murder in the February shooting death of his father, Jim Tan, at their Penfield home.
In court Wednesday, Monroe County Sheriff's deputy Christopher Cooper testified Tan told him he "had to do it" out of fear his father would kill his mother. Tan's lawyers initially challenged whether that statement should be allowed at trial, because it was spoken before Tan was read his Miranda rights.
"If it was a damning statement we certainly would have objected to it," said Defense Attorney James Nobles. "I think we would have had a basis to, based on the testimony, but again, we withdrew our request to have that statement suppressed, as you heard on the record."
"I like to use every bit of evidence that I can so that at trial I can determine what makes the most sense for the jury to hear," said Prosecutor William Gargan.
A judge also reserved decision on whether a surveillance camera picture of Tan trying to buy a gun at an Ithaca Walmart can be admitted as evidence. Tan's murder trial is scheduled to begin in September.