LOWELL — The three Phan brothers, accused of the 2020 murder of Tyrone Phet, are seeking a reconsideration of their bail status, arguing that newly revealed allegations of misconduct against a key State Police investigator have fundamentally altered the landscape of their case. Attorneys for Billy, Billoeum, and Channa Phan filed motions on February 13 in Middlesex Superior Court, contending that the circumstances surrounding Sergeant Scott Quigley’s alleged intoxication and reckless driving in a 2023 fatal crash constitute a “changed circumstance” warranting release on bail.
The brothers have been detained without bail since their arrests in October 2020, facing charges of first-degree murder in connection with the shooting death of 22-year-aged Phet outside his Lowell home on September 14, 2020. Phet, a Chelmsford High School graduate and former football player, was struck by gunfire eight times, according to police reports. Investigators recovered 21 spent shell casings at the scene, including both 10mm and .40-caliber cartridges.
The recent developments center on Sergeant Quigley, who played a central role in the initial investigation into Phet’s death. He is now accused of operating a State Police cruiser while intoxicated and speeding on December 12, 2023, resulting in a head-on collision in Woburn that critically injured Angelo Schettino, a 37-year-old paraplegic man. Schettino died approximately a month later, on January 13, 2024, from complications arising from his injuries. Quigley’s blood alcohol content at the time of the crash was reportedly 0.114, exceeding the legal limit.
Attorney Mark Wester, representing Billy Phan, argued in his motion that the revelations regarding Quigley’s conduct have “delayed the just resolution of this case” and necessitate a review of the bail orders. Similar motions were filed by attorneys Lorenzo Perez and William Dolan on behalf of Channa and Billoeum Phan, respectively. Dolan stated that, while defendants in first-degree murder cases are typically denied bail, the extraordinary circumstances surrounding Quigley’s alleged actions warrant reconsideration.
The defense team is also pursuing an evidentiary hearing to investigate potential cover-up attempts related to Quigley’s crash. They allege that State Police supervisors withheld information about the incident and misled investigators. The defense seeks testimony from Quigley and 18 other current and former law enforcement officials to determine whether efforts were made to shield him from scrutiny and to ascertain why his toxicology results were not disclosed to the defense until the start of jury selection in January.
The Middlesex District Attorney’s Office initially requested an extension to respond to the motion for an evidentiary hearing, which was granted by the court, pushing the deadline to Monday. Dolan expressed frustration with the delay, characterizing it as “just more of the same dragging their feet.”
These requests for hearings reach after the brothers’ first trial ended in a hung jury in November 2024, leading to a mistrial. Judge Chris Barry-Smith halted jury selection for the retrial late last month after the disclosures about Quigley surfaced, dismissing the 12 jurors already seated. The judge ordered a full review of the case before proceeding. Defense attorneys have also filed motions to dismiss the charges entirely, arguing that the delayed disclosures and questions surrounding Quigley’s conduct have irreparably tainted the prosecution.
Angelo Schettino’s mother, Lynn Schettino, is preparing to expand her wrongful-death lawsuit against the State Police to include civil rights violations, alleging that authorities not only withheld information about the crash but also misled the family regarding the investigation’s status. Her attorney, Michael Mahoney, stated, “It keeps coming for this guy,” referring to the mounting legal issues surrounding Quigley.
Quigley has been suspended without pay pending the outcome of an investigation into the crash, which has been referred to the Suffolk District Attorney’s Office for potential criminal charges. A fresh retrial date is currently scheduled for April 27, though its commencement remains contingent on the resolution of the evidentiary hearing and bail reconsideration requests. The Middlesex District Attorney’s Office did not respond to requests for comment on the status of its response to the evidentiary-hearing motion.