UPDATE: The murder retrial of the Phan brothers has been delayed until the week of January 26, 2024, following a dramatic shift in the prosecution’s strategy. Jury selection was set to begin next Tuesday, but prosecutors have introduced a new gang-related motive, prompting objections from the defense that have significantly derailed the trial timeline.
Prosecutors argue that the fatal shooting of 22-year-old Tyrone Phet outside his Lowell home on September 14, 2020, was a retaliatory act by the Phan brothers—Channa, Billy, and Billoeum—linked to a previous drive-by shooting at a stash house associated with their alleged gang, the Outlaws. Assistant District Attorneys Yashmeen Desai and Thomas Brant claim that the two incidents are “intimately intertwined” and that the Phan brothers sought vengeance against a rival gang, Crazy Mob Family (CMF).
The prosecution’s case hinges on evidence collected during a police raid on the stash house at 478 Wilder St., where authorities seized over $100,000 worth of drugs, firearms, and body armor. During this raid, police reported finding 200 grams of cocaine and other narcotics, leading to arrests but no charges related to the drive-by shooting that allegedly sparked the Phan brothers’ violent response.
The defense, led by attorney William Dolan, is vigorously contesting the validity of the gang motive, filing a motion to dismiss the charges. Dolan argues that the prosecution has not adequately linked the Phan brothers to the drive-by shooting or provided admissible evidence connecting Phet to CMF. He emphasized that the prosecution’s reliance on hearsay is insufficient to establish a credible gang motive.
During last week’s hearings at Middlesex Superior Court, Dolan pointed out that critical testimonies and documents were not disclosed by the prosecution, raising concerns over discovery violations. He stated, “I think doing this in the rebuttal fashion is much in the same way,” indicating that the prosecution’s strategy may be an attempt to unfairly influence the jury.
Judge Chris Barry-Smith ruled against expanding the scope of gang evidence, citing deficiencies in the prosecution’s case. He highlighted the lack of proof that the CMF executed the Wilder Street shooting and noted that the connections to Phet were tenuous at best. Barry-Smith described the prosecution’s evidence as “too thin” and will further address the defense’s motion to dismiss and discovery violations next week.
The Phan brothers, charged with first-degree murder, were previously tried in November 2024, but the trial ended in a hung jury and mistrial. The emotional impact of Phet’s death, a former captain of his high school football team, continues to resonate in the Lowell community, amplifying the urgency surrounding the retrial.
As the legal battle unfolds, both sides are preparing for a pivotal hearing on Tuesday at 10 a.m. to discuss the pending motions. Observers remain keenly interested in how the introduction of gang motives will affect the retrial and its potential implications for the defendants’ fates.
Stay tuned for further updates on this urgent case, as the Phan brothers’ legal team prepares to mount a robust defense against the newly introduced allegations. Follow Aaron Curtis for live updates on this developing story.
