Timmy Chan, 21, of Lowell, is charged with first-degree murder for allegedly gunning down 20-year-old Nathaniel Fabian in the area of Loring and Westford streets on the night of Oct. 13, 2021. Chan appeared in Middlesex Superior Court on April 11, 2024, for his final pretrial hearing. His trial is slated to begin with jury selection on April 29, 2024. (Aaron Curtis/Lowell Sun)
LOWELL — The trial for alleged killer, Timmy Chan, has been delayed.
The opening statements in the trial for 21-year-old Chan, of Lowell, accused of gunning down 20-year-old Nathaniel Fabian in October 2021, will now begin with opening arguments from attorneys on May 6 in Middlesex Superior Court.
The trial was previously scheduled to begin this week, but according to Chan’s attorney, Jeffrey Sweeney, the court was forced to slightly delay the trial in order to accommodate “a witness scheduling issue.”
As previously planned, jury impeachment is still scheduled to begin on Monday, and is expected to wrap up, at the latest, by Tuesday.
Chan is charged with several crimes, the most serious first-degree murder, for allegedly shooting Fabian in the area of Loring and Westford streets, outside the home of one of Fabian’s friends.
The shooting took place at about 10:30 pm Oct. 21, 2021. Fabien died at Lowell General Hospital’s Main Campus about 40 minutes later.
The night of the shooting, Fabian had been involved in a dispute with multiple people, including Chan, who was 19 at the time, and his ex-girlfriend, Samantha Chum, of Lowell. Fabian was dating another female at the time, and that female had become the target of attacks delivered by Chum, according to prosecutors.
As a result, prosecutors have said the female Fabian was dating contacted Fabian and asked him if he could get Chum and the others to leave her alone.
“That sort of sparks among many group chats … quite a bit of inflammatory and enraged arguments over the course of the evening,” Middlesex Assistant District Attorney Ashlee Mastrangelo said during a hearing earlier this month.
A police report states there were “numerous threatening messages” sent by Chum to Fabian via text “to the effect ‘You or (Fabian’s girlfriend) is gonna die, which one is it’s gonna be.’”
Chum told police that she texted people the night of the shooting — including sisters Izzy (identified in police reports as Chan’s girlfriend) and Mirenda Lach, and Jesse “Dia” Segal Wright — informing them of her issues with Fabian. Police added Chum denied “all knowledge of sending anyone to hurt Nathaniel and denied asking or suggesting anyone to do anything of the sort.”
Threatening messages sent to Fabian were recovered by police. Police said they were from Chan, Chum, Wright and Brian Lach, of Lowell. Police identified Brian Lach, who was 21 at the time, as the brother of Izzy and Mirenda Lach. The messages included demands that Fabian come outside his friend’s home in the 300 block of Westford Street, which belonged to Ivan Correa.
Police said Wright admitted to them that she drove Chan and Brian Lach to the area, but claimed she thought they were going there for a fistfight.
Wright allegedly dropped Chan and Brian Lach off by Leroy and Grove streets, while she circled the block. Police said that Wright told them she heard gunshots prior to picking Chan and Brian Lach up by Westford Street and Dover Park.
Police said Brian Lach told them he was aware Chum and Fabian’s girlfriend were having a feud, and he claimed Fabian threatened to shoot his house. Brian Lach also told police he thought he was going to fistfight Nathaniel. However, police said Brian Lach alleged that Chan showed him a handgun before the shooting occurred.
While talking about the case in the past, Chan’s attorney, Jeffrey Sweeney, said self-defense played a role in the shooting. Sweeney explained after the shooting occurred, Correa is seen in surveillance footage going back up to his apartment. Sweeney said police later searched Correa’s apartment, where they discovered a firearm.
Police reports state that when Chan first spoke to authorities, he admitted he and Brian Lach went to meet up to fight Fabian, but “Nathaniel showed up with something he thought was a rifle wrapped in a blanket.” When Chan was asked by police if he actually saw a rifle, Chan said, “no but he was carrying it like one,” police reports state.
Chan faces life without parole if he is convicted of first-degree murder.
Follow Aaron Curtis on X, formerly known as Twitter, @aselahcurtis
