I haven’t been able to find out the details of why, but the man accused of drunken driving in connection with the death of Lowell Police Officer Patrick “PJ” Johnson is once again in police custody.
Theary Chan, 27, of 871 Middlesex St., Unit 1, was arrested early Sunday morning about 5:30 a.m., according to arrest logs. He is charged with disorderly conduct and resisting arrest, and is being held.
Chan had been free on $5,000 cash bail in connection with charges he was drunk and ran a stop sign on Sept. 11, 2010, when Officer Johnson struck Chan’s car while riding his motorcycle. Johnson died of injuries suffered in the crash.
Chan has pleaded not guilty, and is awaiting trial.
Autopsy reports have shown that Johnson also had a blood alcohol content over the legal limit. Chan is now trying to get the results of his own blood tests, which showed he over the legal limit, suppressed in court.
It appears Chan was arrested along with Chamroeun Chan, 29, and Jessica Chan, 36, both of 871 Middlesex St. Chamroeun was bailed after being charged with disorderly conduct and resisting arrest. Jessica was bailed after being charged with assault and battery on a police officer and resisting arrest.
I didn’t hear about this until late tonight when I picked up the arrest log, so I haven’t been able to get a report on what led to these charges.
All three individuals will be arraigned Monday in Lowell District Court, so I’ve already notified my editors and our court reporter to look into this case.
UPDATE: Theary Chan was actually not the instigator here. Capt. Richardson told me today that police were called to 861 Middlesex at 4:52 a.m., after getting a call about a man screaming in a parking lot.
They arrived to find Said Labibi, 33, of 54 Willow St., shirtless in the parking lot, “highly intoxicated,” “incoherent and very uncooperative,” Capt. Richardson said. A crowd had gathered around Labibi.
Labibi ignored several attempts to get him to calm down and go inside, so officers arrested him for disturbing the peace, the captain told me. Richardson said Jessica Chan objected and tried to intervene, which got her arrested too. When Jessica was arrested, Theary and Chamroeun objected and tried to intervene, which got them arrested too, according to Richardson.
Sounds like a chain-reaction accident, except with arrests.
Richardson said there is no indication the officers who made the arrest had any idea who Theary Chan was until he was already in custody and at the booking window.
“You need to look at the time of the incident and the fact that alcohol was a mitigating factor in this incident,” Richardson said.
A judge declined to revoke Theary Chan’s $5,000 bail on the motor vehicle homicide case today, but the judge did set $1,000 cash bail on the new charges. I’m not sure if Chan was able to post that or not.