in jeopardy, if you purchase the weapon in advance. >> correct. >> and the prosecutor told the jury there was no evidence of a fight that evening. >> if you look at the exact moment of the killing, jim tan is just sitting at his desk. >> sitting at his desk answering e-mails. >> answering e-mails, working to, you know, provide a living and a pretty good living for his family. >> in fact, the medical examiner testified that as jim tan sat behind his desk in his home office, he was shot three times about the chest and face. the last shot the coup de grace. >> medical examiners still believe jim tan was alive when that was inflicted right to his face. >> the prosecutors believe it was that same night, the same night that one of charlie's friends sent a deputy to the tan home to check on charlie's welfare. it's possible that when the boy answered the door his dad was already dead inside. but no one from the tan home