ROCHESTER, N.Y. -- Instead of the first step toward a re-trial in the Charlie Tan murder case, Thursday's hearing ended with Judge James Piampiano dismissing the charge after a fiery exchange with the prosecution.

Tan, 20, was charged with second degree murder in the death of his father Jim in the family's Pittsford home in Feb. 2015. Charlie Tan's first trial ended in a mistrial after jurors spent more than 50 hours delberating but could not agree on a verdict.

Piampiano said there was not enough evidence proving Tan fired the gun that killed Jim. He also said there wasn't enough to support a charge that Tan was an accomplice to the crime. The judge said Charlie having a motive was not enough to prove he did it, because others had a motive too.

"We're not surprised," said defense attorney James Nobles. "There was no forensic evidence connecting our client in this case.  All the other evidence was equivocal at best, and even in the light most favorable to the people, Ithought this was a weak case."

"I don't like to often congratulate ourselves but we were one step ahead every step of the way."

"This is appalling. In my 24 years, I've never in my life experienced anything like that. This whole trial presented a unique set of facts, but this is definitely unprecedented," said District Attorney Sandra Doorley, R-Monroe County.

While the defense may not have been surprised, the prosecution certainly seemed to be. Prosecutor Bill Gargan interrupted the judge at one point. Piampiano told him to stop talking or he would have him handcuffed and thrown in jail. The two yelled back and forth several times as Gargan accused Piampiano of having amnesia - of forgetting some of the evidence that had been presented. Piampiano told Gargan he was offensive.

"The judge's decision did not comply with the law based upon the evidence presented, and the judge took pains to recite certain facts, while leaving out others," Gargan said.

"I don't think I was firm enough in my effort to recite how absurd this decision is in light of the evidence and the law," Gargan added. "I was more than willing to have handcuffs placed on me to argue my point because I didn't cross any lines."

Charlie Tan's attorneys did not let him speak to the media. After the judge's decision, his supporters were crying and hugging him and each other. Both sides will now decide what exactly to do next.

"What we do next will be done after careful deliberation. Nothing should ever been done in the cold heat of spite," Gargan said.

"I think he gets back to school (Cornell University)," Nobles said. "Everyone had told us, his friends, his family, this kid was going places, that he was going to be somebody.

"This gives him a chance to be somebody."