New evidence leads to second stay in case against suspected Calgary gang leader

CALGARY — Charges against a suspected Calgary gang leader that include one count of first-degree murder in a 10-year-old homicide have been stayed for a second time.

Nick Chan, who is 41, was first charged in 2013 with first-degree murder, conspiracy to commit murder and directing a criminal organization in the 2009 death of Kevin Anaya.

Those counts were stayed by a judge in April 2017, but the Alberta Court of Appeal overturned the ruling and a new trial was ordered.

Alberta Justice says in a release that the charges will be stayed again, because further evidence from police shows that the case against Chan no longer meets the Crown’s standard for prosecution.

Police are expressing disappointment with the decision, but say the file will remain open.

The Crown has one year to reactivate the charges.

Chan is purported to have been the head of the Fresh Off the Boat gang which was involved in a bloody war with rivals, the Fresh Off The Boat Killers. More than 20 people were killed in the early 2000s.

The judge who initially stayed the charges cited a Supreme Court ruling, called the Jordan decision, which limits the length of legal proceedings.

Alberta’s Appeal Court ruled the delay was justified and ordered a new trial.

The Justice Ministry said Tuesday’s decision to stay the charges again was difficult.

“There is a strong public interest in pursuing any offences that appear to arise from the conflict between rival gangs.”

A much larger investigation by Calgary police, called Operation Desino, led to nearly a dozen men being charged and convicted of eight homicides or homicide-related offences.

“Investigations into organized crime are complex and costly and are difficult to bring to prosecution,” a police statement said.

“We know that the passage of time often leads to the changing of allegiances, and those who may have remained silent may come forward with critical information.”

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