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Tag: highlands

  • Lowell’s Washington School cleared for lead contamination

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    LOWELL — During separate meetings, both the School Committee and the Board of Health weighed in on suspected lead contamination at a worksite at Washington Elementary School, with the BOH requesting protocols on future projects.

    At the Nov. 19 School Committee meeting, Superintendent of Schools Liam Skinner assured the body that the official report of in-depth testing, performed by Titan Lead Testing LLC on dust generated by recent repair work, showed that “there are no lead levels of concern in the school.”

    “We’re pleased that the situation was mitigated in the way that it was,” Skinner said.

    The school, which Skinner described as one of the district’s oldest buildings, was built in 1910.

    According to previous Sun reporting, a section of the ceiling collapsed in the basement in early fall. But the cleanup of the debris and repair of the area by employees with the Department of Public Works spread dust throughout the building that is home to pre-K through grade 4 students and staff.

    The school district uses the buildings, but almost all are owned by the city. The district is responsible for custodial services, like cleaning, while the city is responsible for repairs and improvements.

    “It seems as though the area was wrapped in such a way that dust should not have escaped from the area where the construction was going on, but that was clearly not sufficient or didn’t work well,” Skinner said. “So, dust from the area did travel. It was quite remarkable to witness the extent to which dust could travel from the lower areas to the upper areas.”

    An over-the-counter kit indicated that there might be lead in the dust, and the district ordered testing through Titan, as well as a thorough cleaning of the school over the weekend of Nov. 15-16.

    Skinner said School Deputy Facilities Director John Leahy oversaw the weekend cleaning. The former School Committee member, District 3 – Belvidere city councilor and mayor owned and operated Leahy Painting for 25 of the 40 years that he was a professional painter. He gave up his private contracting business to take a position in the Facilities Department of Lowell Public Schools.

    “John Leahy was quite familiar with lead paint and lead paint dust issues and knew the correct procedure for cleaning that,” Skinner told the committee. “He was able to be there and instruct people on the proper techniques and the proper equipment.”

    School reopened that Monday.

    The lead conversation was raised in the Board of Health meeting held Jan. 7 at City Hall. Unlike the School Committee meeting, the Titan report was attached to agenda packet and part of the public record.

    Health and Human Services Director Lisa Golden said that although the school does have some lead paint in it, all the testing came back negative.

    Titan referenced the issue of undisturbed lead, noting that when renovation, repair or painting activities are performed in premises identified as housing or child-occupied facilities, work must be done in accordance with the “RRP Rule” as described in the Code of Massachusetts Regulations, 454 CMR 22.00.

    “Renovation and demolition activities that impact surfaces where lead may be present require specific work practices and disposal requirements,” said the report written by Master Inspector/Risk Assessor David Pesce, and addressed to DPW Commissioner Paul St. Cyr.

    “These regulations require the use of trained workers and firms, including a certified Lead-Safe Renovation Supervisor, notification to occupants, occupant protections, posting of signs, use of containment, lead-safe work practices, cleaning requirements, and post-cleaning verification or clearance,” Pesce said.

    The report recommended that an ongoing operations and maintenance plan should be developed in order to identify surfaces containing lead-based paint which may be disturbed by renovation and maintenance activities such as painting or repairs.

    “This plan would outline procedures for testing surfaces, training of workers, worker protection, occupant protection, and post-work cleanup of work areas,” Pesce said.

    Given the age of the building, state regulations and the Titan report, BOH member Kathleen Cullen-Lutter questioned what process was in place to address present or potential lead-based work.

    “Maybe [Golden] can clarify with Mr. St. Cyr that there is a process if they were to disturb the lead that they would have that process in place,” Chair Jo-Ann Keegan said.

    Environmental issues surrounding aging facilities in district buildings have dominated the city-school discourse. For years, the almost 60-year-old Pawtucketville Memorial Elementary School, located at 425 West Meadow Road, has had a proclivity for mold growth that has, at times, delayed the opening of the first day of classes.

    In 2024, a “considerable” amount of asbestos was found in parts of the 1922 building that is under renovation during the $422 million Lowell High School renovation and rebuilding project. Construction dust was monitored during the project after high levels were found in adjacent classrooms.

    More recently, the Sullivan Middle School experienced flooding when four heating coils froze in early December, flooding the school library.

    Pesce’s report cautioned that not all surfaces were tested at the Washington School, suggesting that a protocol for future work would be warranted.

    “Additional lead-containing building substrates and components may be present in other building areas or hidden by floor, wall and ceiling finishes or otherwise may be inaccessible,” his report said.

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    Melanie Gilbert

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  • Lowell Police investigate gunshots in Highlands

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    LOWELL — Police are investigating gunfire early Wednesday morning in the area of Chelmsford Street near Forest Street.

    Officers responded to the scene shortly after 12:40 a.m. and found evidence confirming shots had been fired, according to Lowell Police Deputy Superintendent Mark LeBlanc. No injuries or property damage were reported in connection with the shooting.

    According to an emergency radio broadcast, the caller who reported the gunfire claimed the gunshots were directed at them by possibly two gunmen known to them. Police have not verified that account.

    Preliminary findings suggest the incident was isolated, though detectives from the Lowell Police Department’s Criminal Investigations Bureau are actively working the case.

    Follow Aaron Curtis on X @aselahcurtis, or on Bluesky @aaronscurtis.bsky.social.

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    Aaron Curtis

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  • Still no verdict in trial for alleged murderer Timmy Chan

    Still no verdict in trial for alleged murderer Timmy Chan

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    LOWELL — Approximately 11 hours of jury deliberations and still no verdict in the trial for alleged murderer Timmy Chan.

    On Tuesday, for the second day in a row, Judge Robert Ullman sent the Middlesex Superior Court jury home with Chan’s fate still hanging in the balance.

    The jury, composed of nine women and three men, began deliberating in the late morning on Monday, after the closing of witness testimony in the trial, which began May 6.

    Tuesday marked the first full day of deliberations, lasting approximately six and a half hours. The jury did not submit a single question throughout the day. The only question the group has asked thus far came on Monday, and it involved a technical issue they experienced while attempting to watch surveillance footage entered as evidence.

    The issue was resolved.

    Jurors are scheduled to dive back into the case at 9 a.m. Wednesday.

    Chan is charged with several crimes, the most serious first-degree murder, for the shooting death of 20-year-old Nathaniel Fabian on the night of Oct. 13, 2021. The murder charge carries a mandatory life sentence without the possibility of parole.

    If they decide against first-degree murder, the jury has the option of instead finding Chan guilty of the lesser charges of either second-degree murder, or voluntary manslaughter.

    Fabian’s death was the result of online bullying initiated by Samantha Chum. Middlesex Assistant District Attorney Christopher Tarrant said during his opening remarks that Chum was Fabian’s ex-girlfriend who “did not take the breakup well.”

    The target of Chum’s bullying was Thailynn Voraphonh, who was in an on-again, off-again relationship with Fabian. Voraphonh reached out to Fabian in the hopes he could put an end to the harassment. Fabian tried by contacting Chum, ultimately setting off the firestorm that ended in his death.

    After Fabian contacted her, Chum reached out to her friends, Isabella Lach (Chan’s girlfriend), Jessie Sadia Segal-Wright, Chan, and Brian Lach (Isabella Lach’s brother, and Segal-Wright’s boyfriend), recruiting them to confront Fabian.

    During the trial, Brian Lach and Segal-Wright, who were granted immunity for their testimony, implicated Chan as the gunman. Both were with Chan before and after the shooting, while Brian Lach testified he was with Chan at the time of the shooting. Segal-Wright, meanwhile, testified to using her car to drive them both from the murder scene. Isabella Lach was in the car at the time.

    Chan is the only one who was charged for the crime.

    As the jury began deliberating on Monday, Fabian’s mother, Stacey Braley, who along with many other loved ones has been in the courtroom gallery throughout the trial, expressed disappointment that more people were not charged for her son’s death.

    At the same time, she pointed out she understood the prosecution’s decision to grant immunity to Brian Lach and Segal-Wright if it helped them capture the person who actually pulled the trigger.

    Braley pointed out that all those involved in the shooting, except Chum, did not even know her son.

    “The thing I keep on thinking of is if all these kids that were involved actually knew my son, they would have loved him,” Braley said. “Everybody he met, they always fell in love with him. … He was genuinely a very good person, and if they had an opportunity, they really would have liked him.”

    Chan’s attorney, Jeffrey Sweeney, has contested during the trial that Brian Lach was the gunman. During his closing statements, he insisted to jurors that Brian Lach and Segal-Wright lied on the stand as a means to protect themselves.

    Right before the jury was dismissed for the day on Tuesday, Sweeney said the trial “went as well as it could have gone.”

    “The evidence came in really well,” he said. “Everything came in as I expected it to.”

    In addition to murder, Chan is charged with unlawful possession of a firearm, unlawful possession of a loaded firearm, unlawful possession of ammunition, and discharging a firearm within 500 feet of a building.

    Follow Aaron Curtis on X, formerly known as Twitter, @aselahcurtis

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    Aaron Curtis

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  • Trial date set for Timmy Chan murder case

    Trial date set for Timmy Chan murder case

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    LOWELL — As officers escorted alleged murderer Timmy Chan into the courtroom on Thursday morning, the mother of his alleged victim, 20-year-old Nathaniel Fabian, broke down into tears as she sat in the courtroom gallery.

    The still-grieving mother, Stacey Braley, said afterward that she had hoped Chan would face her as he walked into the courtroom.

    “I wanted him to see my face and I wanted to see his,” said Braley, who keeps a trinket containing Fabian’s ashes around her neck. “I wanted to know if he felt any sorrow or guilt for what he did.”

    Chan, 21, of Lowell, charged with crimes including first-degree murder for allegedly gunning down Fabian in October 2021, was in Middlesex Superior Court on Thursday for his final pretrial conference. His trial is slated to begin with jury impanelment on April 29.

    If convicted, Chan faces a sentence of life in prison without the possibility of parole.

    During the conference held before Judge Robert Ullman, Middlesex Assistant District Attorney Ashlee Mastrangelo provided background of the evidence set to be presented during the trial. Mastrangelo and Assistant District Attorney Christopher Tarrant are prosecuting the case.

    The shooting occurred shortly before 10:30 p.m. Oct. 13, 2021, in the area of Loring and Westford streets, outside the home of one of Fabian’s friends. Lowell Police reports state responding officers discovered Fabian on the ground, in an alleyway near 89 Loring St. He had a wound to the right side of his chest and the left rear side of his back, according to police. The Lowell resident was rushed to Lowell General Hospital’s Main Campus, where he was pronounced dead approximately 40 minutes later.

    Chan, who was 19 at the time, was apprehended by police the following night.

    The night of the shooting, Fabian had been involved in a dispute with multiple people, including his ex-girlfriend, Samantha Chum, of Lowell, as well as Chan. Fabian was dating another female at the time of the conflict, and that female had become the target of Chum’s ire, according to Mastrangelo.

    “Samantha and her friends began sort of bullying this girl online, torturing her, calling her different names … sort of derogatory names about her,” Mastrangelo said during the conference.

    The female Fabian was dating contacted Fabian and asked him if he could get Chum and the other people allegedly harassing her 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,” Mastrangelo said.

    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 gonna be.’”

    Police reports state Chum later told police she had texted with Fabian between 8 p.m. and 10:30 p.m. Police said Fabian was shot “by approximately 10:28 pm.”

    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, however, that Chum denied “all knowledge of sending anyone to hurt Nathaniel and denied asking or suggesting anyone to do anything of the sort.”

    Police said they additionally spoke to Fabian’s girlfriend — whose name is redacted from reports — who told them just before Fabian was shot he had sent her screenshots of threatening messages people were sending him.

    The messages were from Chan, Chum, Wright and Brian Lach, of Lowell, who was 21 at the time. Police identified Brian Lach 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 of Westford Street, but claimed she “thought they were going there to fight Nathaniel.”

    Wright allegedly dropped Chan and Brian Lach off by Leroy and Grove streets, while she circled the block. According to police, Wright said she heard gunshots prior to picking Chan and Brian Lach up by Westford Street and Dover Park.

    According to police reports, when investigators showed Wright a photo of Chan during questioning, she positively identified him and quoted him as allegedly saying, “I got him, I got him,” when he got back into the car.

    Police said Brian Lach told them during questioning that he was aware Chum and Fabian’s girlfriend were having a feud, and he claimed that Fabian had threatened to shoot his house. Brian Lach also told police, according to a report, that he thought he was going to fistfight Nathaniel. However, police said Brian Lach alleged that Chan showed him a handgun before the shooting occurred.

    Brian Lach told police that Chan was walking a few feet ahead of him as they approached two men, who turned out to be Fabian and Correa. Brian Lach alleged hearing Chan say, “he might have something — take off,” at which point he saw Chan raise the handgun and fire. Brian Lach said he heard several gunshots as he fled.

    Wright picked them up with the vehicle a short time later.

    “Brian asked Timmy where the gun was because he didn’t want it in the car,” police said in the report. “Timmy said he got rid of it.”

    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.

    No charges have been brought against any of the others involved in the case, much to the dismay of members of Fabian’s family.

    “It’s not right that they destroyed all our lives and they get to live theirs with no worries,” Alecia Brangan, Fabian’s aunt, has previously said. “They’re all going on with their lives, their careers and we can’t do anything about it.”

    In addition to murder, Chan is charged with carrying a firearm without a license, possession of ammunition without a firearm identification card, discharging a firearm within 500 feet of a building, and carrying a loaded firearm without a license.

    Jury impanelment is expected to be completed within two days, with jury instructions and opening statements scheduled to begin either April 30 or May 1. The case is expected to wrap up late in the week of May 6.

    Follow Aaron Curtis on X, formerly known as Twitter, @aselahcurtis

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    Aaron Curtis

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