Retrial in Phan Murder Case Delayed Over Investigator's Alleged Drunk Driving Crash

Defense questions when prosecutors knew about State Police sergeant's blood alcohol level in fatal accident

Published on Feb. 9, 2026

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The retrial of the Phan brothers, charged with first-degree murder in the 2020 shooting death of Tyrone Phet, has been delayed as the defense raises questions about when prosecutors learned that a key State Police investigator in the case was allegedly under the influence of alcohol during a fatal on-duty crash in 2023. The defense argues the prosecutors may have been in possession of exculpatory information about Sgt. Scott Quigley for nearly two years.

Why it matters

This case highlights concerns about transparency and accountability within the criminal justice system, as well as the potential impact of an investigator's misconduct on a high-profile murder trial. The defense argues the prosecutors' handling of the information about Quigley's crash could undermine the integrity of the proceedings against the Phan brothers.

The details

According to court documents, Sgt. Scott Quigley, who was assigned to the State Police Detective Unit for Middlesex County and involved in the Phan brothers' case, allegedly crossed the center line while driving a State Police cruiser in December 2023 and struck a van, killing the driver. Quigley's hospital records reportedly showed his blood alcohol content was over the legal limit, but the State Police and Middlesex District Attorney's Office did not notify prosecutors in the Phan case about this information until recently, during jury selection for the retrial.

  • On Dec. 12, 2023, Sgt. Scott Quigley was allegedly involved in a fatal crash while on duty.
  • In May 2025, the estate of the crash victim filed a wrongful-death lawsuit against the State Police.
  • In February 2024, Middlesex prosecutors were aware of a referral from the Disabled Persons Protection Commission and a 'criminal screener' regarding the crash victim's death.
  • On Feb. 2, 2026, Prosecutor Thomas Brant acknowledged knowing at least that Quigley had been in an accident.
  • On Feb. 8, 2026, Middlesex District Attorney Marian Ryan sent a letter requesting an independent investigation into why her office was never notified about the details of Quigley's crash.

The players

Channa Phan

One of the three Phan brothers charged with first-degree murder in the 2020 shooting death of Tyrone Phet.

Sgt. Scott Quigley

A State Police sergeant assigned to the Middlesex County Detective Unit who was involved in the investigation of the Phan brothers' case. Quigley was allegedly under the influence of alcohol during a fatal on-duty crash in 2023.

Marian Ryan

The Middlesex District Attorney who recently learned about the details of Sgt. Quigley's crash and has requested an independent investigation.

William Dolan

The defense attorney representing Channa Phan, who is arguing that prosecutors may have been in possession of exculpatory information about Sgt. Quigley for nearly two years.

Lorenzo Perez

The attorney representing Billoeum Phan, who is concerned the issues with Sgt. Quigley could extend to other members of the State Police Detective Unit involved in the investigation.

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What they’re saying

“Either they sat on something purposefully — which would be an issue — or they did actually know. It's not about knowing about the crash, it's about knowing that somebody died, that Sgt. Quigley was the operator, and then seemingly either ignoring or knowing and covering up his toxicology results.”

— William Dolan, Defense Attorney (lowellsun.com)

“Was the unit, many of whom are witnesses in our case, responsible for investigating homicides in the state of Massachusetts complicit, actively covering up the involuntary homicide committed by one of its own, who is also a key witness in this case?”

— Lorenzo Perez, Defense Attorney (lowellsun.com)

What’s next

The judge has ordered the defense attorneys to submit a list of witnesses they would seek to call at an evidentiary hearing to determine what the prosecutors knew and when about Sgt. Quigley's crash. Prosecutors will have until Feb. 20 to respond, after which the court will decide whether to hold the hearing.

The takeaway

This case raises serious questions about transparency and accountability within the criminal justice system, as well as the potential impact of an investigator's misconduct on a high-profile murder trial. The defense's allegations of a possible coverup by prosecutors could further erode public trust if not properly addressed.