Accused Calgary gang leader free, judge stays murder charge over trial delay

The judge also stayed charges of conspiracy to commit murder and directing a criminal organization. (Photo: Eric Wilson/ Flickr)

CALGARY —  An accused gang leader has walked out of a Calgary court a free man after a judge stayed his first-degree murder charge because the case took too long to get to trial.

Nicholas Chan was arrested in the 2008 shooting death of Kevin Anaya.

The judge also stayed charges of conspiracy to commit murder and directing a criminal organization.

The court dismissed the jurors and thanked them for their time.

The Calgary Police Service says it won’t comment until it reviews the judge’s written decision.

Alberta’s Justice Department says it is also reviewing the ruling as the Crown considers whether to appeal.

“The Crown has taken immediate steps to review this matter with their Appeals Branch,” an official said Tuesday.

“As this case remains before the courts, due to the Crown having 30-days in which to appeal, it would be inappropriate to comment in more detail.”

The department says there have been 31 cases in Alberta that have been either judicially stayed or proactively stayed by the Crown due to a Supreme Court of Canada ruling known as the Jordan decision.

Of the 31 cases to by stayed, Chan’s is the only murder case.

In 2016, Chan was acquitted of first-degree murder in connection with the 2009 New Year’s Day triple murder at a Calgary restaurant.