URGENT UPDATE: Jury selection for the murder retrial of the Phan brothers has been postponed following new gang-related motive filings by prosecutors, throwing the case into disarray just days before it was set to begin. Scheduled for next Tuesday, the trial’s start is now uncertain as the defense raises significant objections to the newly introduced allegations linking the brothers to gang activity.
Prosecutors from the Middlesex District Attorney’s Office, led by Assistant District Attorneys Yashmeen Desai and Thomas Brant, are attempting to establish that the brothers—Channa, Billy, and Billoeum—were involved in the fatal shooting of Tyrone Phet, 22, outside his Lowell home in 2020, as an act of retaliation. The prosecution contends that the shooting was in response to a drive-by attack connected to their gang, the Outlaws, against a stash house used for drug trafficking.
During court hearings last week, prosecutors claimed that the killing of Phet was a retaliatory strike linked to a shooting incident on Sept. 13, 2020, when rival gang members from the Crazy Mob Family (CMF) targeted the Phan brothers’ stash house on Wilder Street. The police raid following the shooting uncovered a trove of drugs and weapons, including 200 grams of cocaine, 100,000 methamphetamine pills, and firearms, leading to arrests at the location.
The prosecution argues that the Phan brothers, feeling threatened after their stash house was compromised, sought to retaliate against CMF by targeting anyone they found at a known CMF residence. Desai stated in court, “They went to ‘a known CMF location to shoot at whoever they can find’ to send a message back to their rival gang.”
However, defense attorney William Dolan, now representing Channa Phan, filed a motion to dismiss the charges, claiming the prosecution’s gang motive lacks substantiation. Dolan pointed out that the evidence presented does not adequately link the drive-by shooting to the Phan brothers or establish Phet’s involvement with CMF. “The basis of knowledge is inadmissible hearsay,” he argued, emphasizing that the prosecution’s case relies on circumstantial evidence.
The initial trial, which began in November 2024, ended in a mistrial with a hung jury, primarily due to the prosecution’s failure to connect the dots on gang affiliations. The previous team, led by former prosecutor Daniel Harren, did not present a cohesive gang motive, a strategy that the new prosecution aims to rectify.
In response, Judge Chris Barry-Smith ruled that the prosecution must establish a clearer connection between the gang evidence and the murder charges, stating that the evidence presented was “too thin.” He noted that the defense’s concerns about prejudicial labeling in a gang-related trial were valid and that further evidence would be required for the upcoming hearing scheduled for 10 a.m. Tuesday.
The ongoing legal battles, including motions regarding discovery violations and the admissibility of new evidence, have pushed the retrial’s expected start date to the week of January 26. As the court navigates this complex case, the Phan brothers remain charged with first-degree murder amid escalating tensions surrounding gang affiliations in Lowell.
This developing story continues to unfold, with implications for community safety and the judicial process. Follow us for the latest updates as the situation progresses.
