UPDATE: The murder retrial of the Phan brothers has been thrown into turmoil just days before jury selection, originally set for Tuesday, January 16, 2024. Prosecutors have introduced a new gang-related motive that has sparked fierce objections from the defense, pushing the trial start date to the week of January 26, 2024.
The conflict escalated when attorney William Dolan, representing Channa Phan, filed a motion to dismiss charges against his client, claiming that prosecutors failed to disclose critical information regarding their gang-motive theory. Channa, along with brothers Billy and Billoeum, faces first-degree murder charges in the shooting death of Tyrone Phet, who was killed outside his Lowell home on September 14, 2020.
During hearings last week at Middlesex Superior Court, Assistant District Attorneys Yashmeen Desai and Thomas Brant argued that Phet’s murder was a retaliatory strike linked to a drive-by shooting involving rival gang members from the Crazy Mob Family (CMF). Desai stated, “These incidents are intimately intertwined,” asserting that the Phan brothers are affiliated with a gang known as the Outlaws.
The prosecution claims that the Wilder Street residence, targeted in the drive-by shooting, acted as a stash house for the Outlaws, containing cash, guns, and drugs. A police raid at this location, which followed the shooting, resulted in the seizure of 200 grams of cocaine, 100,000 pressed pills containing methamphetamine and fentanyl, and other illicit materials.
Despite the seriousness of the allegations, defense attorneys have expressed concerns over the admissibility of gang-related evidence. Dolan pointed out that a key witness, Abdulai Maranda, lacked personal knowledge regarding the Wilder Street incident and relied on hearsay. “His basis of knowledge is inadmissible hearsay,” Dolan argued, emphasizing that the prosecution was not presenting a clear connection between the CMF and the events leading to Phet’s murder.
Judge Chris Barry-Smith ruled that the prosecution must provide admissible evidence linking the CMF to the Wilder Street shooting. He criticized the prosecution’s presentation as “too thin,” stating that they must establish how Phet was connected to the alleged gang-related circumstances. Barry-Smith has yet to rule on Dolan’s motion to dismiss or the alleged discovery violations, with another hearing scheduled for Tuesday at 10 a.m..
This retrial follows a previous attempt that ended in a hung jury. In that trial, the defense sought to portray the Phan brothers as ordinary individuals rather than gang members. “We are seeking to explain to the jury the facts surrounding the execution of our victim,” Desai told the court, highlighting the prosecution’s intent to clarify the circumstances of Phet’s death.
The emotional fallout from this case runs deep, particularly for Phet’s family, as they seek justice for the loss of their loved one. The upcoming trial is expected to focus heavily on the complex relationships between the gangs involved and the implications of their actions on community safety.
With the prosecution’s strategy now under scrutiny and the trial’s timeline pushed back, all eyes will be on the proceedings as the Phan brothers prepare to face serious charges once again. Follow this developing story for updates as it unfolds.
