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Trial begins for Phan brothers accused of murdering former Chelmsford High football star
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Trial begins for Phan brothers accused of murdering former Chelmsford High football star

LOWELL — The murder trial of three Lowell brothers, all alleged members of a local street gang, began last week, with the prosecution charging Billy, Billoeum and Channa Phan with fatally shooting 22-year-old Tyrone Phet, a former Chelmsford High School junior. football star outside his Lowell home four years ago.

Authorities claim that the murder, which occurred in the early morning hours of September 14, 2020, was due to Phet’s status as an “associate” of a rival gang with which they were at odds. Meanwhile, the defense argues there is no physical evidence linking the Phan brothers to the crime, noting that the prosecution’s key witness, who was granted immunity, has a history of lying about the case.

During the first day of witness testimony Wednesday, Lowell Police Officer Jonathan Proulx testified that shortly after 1 a.m. on Sept. 14, 2020, the victim was found at 50 Spring Ave. He explained that he discovered Phet’s lifeless body behind the wheel of a Honda Civic parked in front of his home at .

Police were first called to the area after residents of a multi-family home in the nearby 900 block of Middlesex Avenue reported hearing multiple gunshots. On Wednesday, a resident testified that he found a bullet hole in his bedroom wall after hearing gunshots. Police found a corresponding bullet hole in the exterior of the home, which led Proulx to Spring Avenue.

Proulx testified that he first noticed several shell casings scattered across Spring Boulevard before noticing the damaged Honda nearby.

“Initially, I saw the windows breaking,” Proulx said. “There were bullet holes on the right side and there was a German shepherd in the front passenger seat.”

Phet’s pet German shepherd was uninjured. However, after examining the vehicle more closely, Proulx testified that he observed a man collapsed in the driver’s seat, suffering from a gunshot wound to the upper body. It was stated that the man, later identified as Phet, could not breathe and had no pulse.

Proulx said the car was turned off and his keys were found on the ground just outside the door.

In his opening statement Wednesday, Middlesex Deputy District Attorney Daniel Harren told jurors that Phet was riddled with bullets.

“The theory of first-degree murder here is twofold; (the Phan brothers) killed Tyrone Phet with intent,” Harren said. “They had a plan, they executed that plan, they waited 22 minutes before killing him. The other theory for first degree murder was extreme brutality and cruelty. … They shot him 21 times, hitting him eight times; “Many bullets passed through his arms, chest and head.”

Harren told jurors that authorities used video surveillance, phone records, confidential informants and computer data stored in vehicles to piece together a case against the Phan brothers.

The prosecutor added that his key witnesses were a fourth man involved in the plot to kill Phet and a member of the gang called the Outlaws, along with the Phan brothers.

Harren claimed that before this key witness was to testify before the grand jury, Billy Phan held a meeting and presented three options: commit perjury, escape, or contempt of court. According to Harren, Billy Phan offered the witness $100,000 to do it. Harren told jurors that the witness initially lied about what happened to Phet, tried to follow up, but eventually confessed.

During individual opening statements, attorneys Rosemary Scapicchio on behalf of Channa Phan, Steven Rappaport on behalf of Billy Phan, and attorneys James McCall, Billoeum PhanHe argued that the key witness’s story did not match the evidence. They also highlighted Phet’s risky lifestyle, which included illegal sports gambling and selling Adderall.

“You’ll hear other things, too,” Scapicchio said. “Things like he gambled, made some money playing sports in an illegal casino. “There is a witness who said that he had a lot of money that night (the night of the shooting), the money was missing, and there was no investigation.”

Rappaport told jurors that authorities suggested Phet’s murder was in retaliation for a shooting the day before, believed to have been committed by a rival gang at a home on Wilder Street. Police said in court documents that the house was linked to the gang the Phan brothers were part of. However, Rappaport emphasized that Phet was not a gang member and that the Phan brothers had no known connection to him.

Rappaport also focused on the key witness, noting that members of the Middlesex District Attorney’s Office, Lowell and State police met with him in off-the-record interviews for several hours before grand jury testimony.

“They talk to him, not an interview, not a briefing, but a conversation, and for seven, seven and a half hours, they force information on him about what they believe was the motivation behind the shooting,” Rappaport said. in question.

The report highlights that when asked during the grand jury how the witness knew the murder involved two rival gangs shooting at each other, he replied, “because you told me.”

“He didn’t know anything about it until he spent two days talking to investigators who gave him their theory of the case, and two days later he was able to repeat what he was told,” Rappaport told jurors.

In his opening statement, McCall said there was no eyewitness, physical, DNA or fingerprint evidence. It all comes down to the key witness, whom McCall describes as “compromised” and “a lying liar who keeps changing his story.”

“A witness you will hear from has been purchased and paid for,” McCall added. “He was placed in hotel rooms, given multiple gift cards, and most importantly, he was given immunity—not just for this incident, but for the many crimes he had committed and was under investigation for.”

The first witness called to the hearing was Phet’s younger sister, who was very close to the victim. He testified that he saw and spoke to Phet every day, including in the hours before the shooting. He remembered that Phet had planned to stay there that night and nothing seemed wrong.

During Scapicchio’s questioning, the younger sister testified that she told police about the disappearance of her “precious” sneakers and a necklace from Phet’s home. She also admitted under questioning by McCall that it was unusual for her to be in her car with her dog at 1 a.m. after her brother said he planned to stay home earlier that night.

Two other witnesses who testified Wednesday included Phet’s childhood friends, Zachary Dalton and Dillon Giometti. Dalton testified that he did not remember Phet gambling or dealing Adderall. Meanwhile, Giometti stated that he knew Phet was selling Adderall and that he was sometimes involved in the sales. Giometti added that he placed a bet through Phet, who then placed a bet with a bookmaker. Giometti admitted on the stand that he could not remember whether he or Phet owed the bookmaker any money, but added that if they did, it would not be very much.

Phet was a student at Chelmsford High School, where he was captain of the football team in his senior year. Phet, who plays the running back position, became a Sun All-Star in 2015. He graduated in 2016.

In addition to first-degree murder, which carries a sentence of life in prison without parole, the Phan brothers each face charges of illegal possession of ammunition. Billy Phan is also accused of intimidating a witness.

The jury consists of eight men and eight women. Four of the 16 jurors will be randomly selected to serve as alternate jurors, while the remaining 12 will serve as preemptive jurors. If any of these 12 jurors need to be excused after deliberations begin, substitutes will be available to replace them.

The exact length of the trial is unclear, but Judge Kenneth Salinger told jurors it could last as late as Nov. 26, including deliberations.

The trial is scheduled to continue at 9 a.m. Monday in Courtroom 17 of the Cornelius F. Kiernan Judicial Center.

The Sun plans to produce a weekly feature detailing each week of the trial.

Follow Aaron Curtis on X, formerly known as Twitter, @aselahcurtis