Key witness testified against Phan brothers in Lowell murder case

LOWELL — The prosecution’s key witness, who is under immunity for his involvement in the death of Tyrone Phet, took the stand in Middlesex Superior Court to indict the Phan brothers — Billy, Billoeum and Channa — as the architects behind the murder of 22-year-old Lowell. resident and former Chelmsford High School football star.

Abdulai Maranda testified for nearly five hours Thursday in the brothers’ murder trial, claiming he followed orders as they drove separately to a location near the shooting scene where he served as a lookout and potential getaway driver.

During questioning by Middlesex Deputy District Attorney Daniel Harren, Maranda testified that on the night of September 13, 2020, she was contacted by Channa Phan and instructed to come to Billy Phan’s home on Wannalancit Avenue. Maranda, who said he was a low-level gang member, did not question the request but asked if he should bring a gun.

When Harren asked why she wanted to bring a gun, Maranda replied: “Because that’s the life we ​​live.”

Maranda testified that when she arrived at Billy Phan’s house, where Channa and Billoeum Phan were also present, she saw two guns in the kitchen. Billy Phan, who Maranda claimed was the head of a street gang identified by authorities as the Outlaws, instructed Maranda to drive to a location on Middlesex Avenue and wait. Maranda said if he sees a police vehicle, he will honk his horn, serve as a backup or act as a getaway driver if necessary.

Maranda said he knew a shooting was imminent, even though it wasn’t explicitly stated.

Maranda testified that the three brothers then got into Channa Phan’s 2014 Honda Pilot SUV and his Infiniti and set off. Surveillance video and data from vehicles shown during the trial around 12:40 a.m. on Sept. 14, 2020, showed they were heading to the Spring Street area, including the Pilot, which parked in the 80 block of Arlene Road.

Maranda then sat and waited and finally heard gunshots coming over the fence where he was standing. Maranda described how police cruisers began flooding the area.

As Lowell Police Officer Jonathan Proulx testified in the first week of the trialPhet’s lifeless body, riddled with bullets, was found at 50 Spring Ave. It was shortly after 1 a.m. when he discovered her inside a blue Honda Civic parked in a small parking lot outside her home at . Phet’s pet German shepherd was sitting next to her in the front passenger seat, unharmed. with gunfire.

Trooper David Hughes of the State Police Firearms Detection Section said Wednesday that he recovered 21 shell casings from the scene. Of these, 10 were 10 mm casings and 11 were .40 caliber casings. The weapons used in the incident have not been found yet.

Phet was hit with eight bullets, hitting his arms, chest and head.

Police obtained surveillance video showing an SUV pulling into a parking lot on Arlene Road about 22 minutes before the shooting. Two men are seen getting out of the SUV and walking towards the scene. At the time of the shooting, the SUV’s headlights turned on, and a few minutes later two men ran towards the vehicle from the direction of Spring Boulevard. The SUV then leaves the area.

Maranda testified that he stayed at the scene for a while to make sure the Phan brothers had escaped before deciding to leave. He told Harren from the stand that he was worried about being pulled over by police, which ended up happening. Maranda, who was questioned by the police officer during the stop, claimed that he had left a friend’s house. The police searched him and his car before letting him go. However, days later his car was seized by the authorities.

Maranda stated that he informed Channa Phan about the situation. Channa advised him to contact his lawyers. Maranda testified that he later received a summons to appear before the grand jury. After notifying Channa Phan, he was once again advised to contact his lawyers.

Maranda said she met Billy Phan at Lowell Heritage State Park in Pawtucketville in October 2020, the day before he prepared to testify, according to his statement Thursday.

“He told me the worst-case scenarios for the subpoena because it was a major crime,” Maranda said. “He basically expressed to me that I was (expletive). He gave me a few options.”

Maranda testified that the options discussed were to commit perjury to protect the brothers from any accusations, escape or “try to get in there and find my way out.” Maranda claimed that Billy Phan offered him $100,000 to pursue the third option and promised Maranda’s mother an additional $50,000.

Maranda testified that his first goal was to follow the plan and lie to investigators. But eventually he started telling the truth. When Harren asked why she changed her mind, Maranda said: “There’s no way I’m going to lie my way out of this.”

Harren questioned Maranda about the financial assistance he received to testify before the grand jury and during the trial, which included paid travel and hotel accommodations.

Following Harren’s direct scrutiny, Maranda faced intense scrutiny from defense attorneys representing the Phan brothers. Rosemary Scapicchio for Channa Phan, Steven Rappaport for Billy Phan, and James McCall for Billoeum Phan took turns interrogating Maranda, starting with Scapicchio.

Scapicchio asked rapid-fire questions, starting with Maranda’s earlier statement that he didn’t want to rat out to his friends.

“You knew you wouldn’t go to jail, right?” Scapicchio said. “You get a free pass for this, right? … If you wanted to help your friends, you’d say ‘I did it’, but you didn’t want to help your friends, you wanted to help yourself, right?”

Scapicchio disputed Maranda’s claim that he was close friends, even best friends, with Channa Phan, who allegedly recruited him to join the gang while he was incarcerated in 2016. Scapicchio pointed out that Maranda could not answer basic questions about Channa Phan. Other than Billy and Billoeum, such as the names of his parents, the fact that he had a wife, his date of birth, or the names of his numerous siblings and cousins.

Rappaport also focused on Maranda’s unfamiliarity with Billy and Billoeum, pressing him during cross-examination: “You didn’t really know any of these people before that night, did you?”

All three attorneys focused on inconsistencies between Maranda’s grand jury testimony and Thursday’s testimony, noting that their stories continue to change, including which Phan brother he had conversations with and where he was parked at the time of the shooting.

The lawyers also highlighted that prosecutors and police interviewed Maranda for hours before the grand jury. Rappaport claimed that during these meetings, information about the case was forced on Maranda, and that he repeated this information to the grand jury.

Authorities claimed Phet’s murder was motivated by his status as an “associate” of a rival gang with which they were feuding. On September 13, 2020, the day before Phet’s murder, someone believed to be a member of a rival gang walked into the house of 478 Wilder St., which authorities said was known to be affiliated with the Outlaws. He fired a gun at a house at .

Rappaport claimed during questioning that Maranda only knew the two gangs were fighting because authorities tipped him off. When asked during the grand jury how he knew the shooting was gang-related, Maranda responded “because you told me,” as Rappaport stated in grand jury transcripts.

Lawyers also reviewed Maranda’s immunity, stating that he is immune from prosecution not only for Phet’s murder but also for other crimes involving drugs and violence.

“And you haven’t actually served anything other than a home detention, have you?” Rappaport asked Maranda at one point. “You managed to avoid being imprisoned in very serious cases, didn’t you…”

Before Maranda could answer, Harren objected to the questioning, effectively ending the investigation.

Throughout his hours at the podium, Maranda offered brief and subdued answers; He often took a long time to respond and frequently asked for questions to be repeated. At one point he admitted feeling nervous during Scapicchio’s questioning.

“Yes, this is a murder case,” Maranda told the lawyer. “I’m nervous… the way you talk is fast. “I’m just trying to answer the questions correctly and tell the truth.”

Perhaps the most contentious moment during Maranda’s hours at the podium came at the very end of his time there. Scapicchio asked: “Would you agree that the facts remain the same, yes or no?” Maranda tried to give a detailed answer, but Scapicchio aggressively interrupted and demanded a yes or no answer.

“If you’re telling the truth, it’s always the same, it’s not always different, because there’s only one truth, right?” he asked.

“Since I’ve been here,” Maranda replied, “I’ve told the truth and I have no reason to lie, and I’ve been 100% honest, I have no reason to lie about anything.”

Scapicchio repeated Maranda’s question, to which he said, “The truth is the truth.”

“Absolutely the truth is the truth,” Scapicchio said. “So when you said you had immunity in direct examination, in all the different stories you told, no one told you that your immunity would be lifted, right?”

Harren successfully challenged the interrogation once again, ending the investigation.

Maranda, who stated that he was a former gang member and was no longer affiliated with the gang since the Phan brothers’ arrest, was escorted by law enforcement as he walked around the courthouse. Members of both Phet’s and the Phan brothers’ families were present in the courtroom throughout the hearing.

In addition to facing first-degree murder charges, which carry a sentence of life in prison without parole, the Phan brothers are also charged with illegal possession of ammunition. Billy Phan faces an additional charge of witness intimidation.

Phet, a 2016 graduate of Chelmsford High School, was captain of the football team in his senior year. Phet, who plays the running back position, was a Sun All-Star in 2015.

Judge Kenneth Salinger told jurors Thursday that the trial had gone ahead of schedule and that the prosecution was expected to finish presenting evidence on Tuesday. Salinger had previously told jurors that the trial, including deliberations, could extend until November 26.

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 trial is scheduled to continue at 9 a.m. Tuesday in Courtroom 17 of the Cornelius F. Kiernan Judicial Center. The court will be closed on Monday for Veterans Day.

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