Phan Brothers Seek Bail Reconsideration Amid State Police Investigation Fallout
LOWELL, MA – The Phan brothers, accused in the 2020 shooting death of Tyrone Phet, are seeking a reconsideration of their bail status, citing recent allegations of misconduct against a key investigator in their case. The motion argues that new developments have created “changed circumstances” warranting their release on bail after nearly five and a half years in custody.
Background of the Case
Billy Phan, Channa Phan, and Billoeum Phan, all in their 30s, face life in prison without parole if convicted of first-degree murder in the shooting of 22-year-old Tyrone Phet. The shooting occurred outside Phet’s home at 50 Spring Ave. In Lowell during the early morning hours of September 14, 2020. Phet, a 2016 Chelmsford High graduate and former football player, was struck by gunfire eight times, with bullets causing fatal injuries to his lungs and brain (Lowell Sun).
Police recovered 21 spent shell casings at the scene, including ten 10mm casings and eleven .40-caliber casings (Lowell Sun).
The Role of Sgt. Scott Quigley
The recent bail motion centers on allegations against State Police Sgt. Scott Quigley, a key investigator in the Phan case. Quigley was involved in a fatal crash in December 2023 while allegedly intoxicated and speeding in a State Police cruiser. The crash resulted in the death of Angelo Schettino, a 37-year-old paraplegic man (Union Leader) and (Boston Herald).
According to reports, Quigley was traveling 59 mph in a 30-mph zone when his cruiser crossed into oncoming traffic, striking a van carrying Schettino (Union Leader). His blood alcohol concentration was recorded at 0.114 (Union Leader).
Defense Arguments for Bail Reconsideration
Attorney Mark Wester, representing Billy Phan, argues that Quigley’s alleged misconduct and the subsequent handling of the crash constitute “changed circumstances” that justify bail reconsideration under Massachusetts law (Lowell Sun). Attorneys Lorenzo Perez and William Dolan have filed similar motions on behalf of Channa Phan and Billoeum Phan.
The defense team also points to the hung jury in the brothers’ first trial in November 2024, which resulted in a mistrial, as a factor supporting their request for release (Lowell Sun).
Allegations of a Cover-Up
The defense is seeking an evidentiary hearing to investigate potential efforts by the State Police and the Middlesex District Attorney’s Office to cover up information related to Quigley’s crash. They argue that the delayed disclosure of Quigley’s toxicology results until jury selection raises concerns about transparency and fairness (Lowell Sun) and (Union Leader). The defense team intends to subpoena 19 current and former law enforcement officials, including Quigley, to testify under oath.
Current Status and Next Steps
Sgt. Quigley has been suspended without pay, and his case has been referred to the Suffolk District Attorney’s Office for possible criminal charges. The Middlesex District Attorney’s Office initially requested an extension to respond to the evidentiary hearing motion, which was granted. A new retrial date is currently scheduled for April 27 (Lowell Sun). Lynn Schettino, the mother of Angelo Schettino, is also pursuing a civil-rights lawsuit against the State Police (Boston Herald).