Westport man with lengthy criminal record sentenced after facing possible life in prison for delivering fatal dose of fentanyl

A man who has ties to Fall River and Westport was sentenced last week on charges that could have given him life in prison under law.

Cary Pacheco, 57, of Briggs Road in Westport, MA entered a plea of nolo contendere to delivery of a controlled substance resulting in death.

Pacheco was sentenced to 35 years in prison with 18 to serve. The rest of his sentence is suspended with probation.

Pacheco was charged at the time of his arrest with Controlled Substance Delivery resulting in Death known as Kristen’s Law, which is in relation to the victim’s death in September 2018. It was the first time an individual had been charged under Kristen’s Law in Rhode Island. Pacheco was also charged with Delivery of Heroin, Controlled Substance Conspiracy, and Possession with Intent to Deliver a Controlled Substance.

“Drug dealers – those dealing fentanyl and heroin in particular – must be the focus of our prosecutorial efforts. They prey on those who are addicted to controlled substances, drive overdose deaths, and often contribute to gun violence in our urban core,” said Attorney General Neronha. “Here, the defendant – a significant, repeated drug dealer – knew exactly what he was doing: distributing a potentially lethal dose of fentanyl to whoever ultimately used it. He neither knew the victim nor cared what happened to him. He dealt drugs for profit, significant profit, without regard to the potentially life-altering consequences.

“Though it pales next to the price paid by his victim, he has now paid a heavy price himself: 18 years in state prison, every year entirely deserved,” continued Attorney General Neronha. “I am grateful to Andrew’s family for their strength throughout this prosecution and to the Newport Police Department for their fine work during the investigation.”

Pacheco has a lengthy criminal record, including 10 separate arrests for distribution and/or possession from 1984 through 2017. In 2017, Pacheco was arrested twice in Massachusetts for possession with intent to distribute narcotics.

According to Lt. Frank Rosa, on September 10th of 2018 at approximately 11:23 p.m., Newport Patrol Officers were dispatched to 15 Meeting Street for a reported overdose. Upon arrival, officers and Newport Fire Department Personnel treated the victim, 29-year-old Andrew Paiva, of Newport. The victim was transported to the Newport Hospital, where he was later pronounced deceased on September 11th. Six blue glassine bags of Fentanyl were located with the victim at 15 Meeting Street.

An autopsy conducted by the Rhode Island Department of Health revealed that the cause of death for Paiva was determined to be Fentanyl Intoxication. Detectives from the Newport Police Special Crimes Unit continued the investigation into this death and developed a cooperating witness who was with Paiva on September 10th when they purchased Fentanyl in a parking lot in Portsmouth, RI. During this investigation, the dealer was subsequently identified as Pacheco.

Search warrants obtained for the cellular phone of Pacheco and Paiva, along with a GPS ankle monitor that Pacheco was wearing at the time, placed Paiva and Pacheco at this parking lot in Portsmouth, RI on September 10th, 2018 at 7:30 p.m.

As the investigation continued, on November 29, through a series of controlled telephone calls and text messages, the cooperating witness, along with an undercover Newport Police Detective, arranged to purchase 20 blue glassine bags of Fentanyl from Pacheco for $115.00. A meeting place and time in Newport at 10:00 a.m. was established for the transaction.

Pacheco arrived on that date and time to make the delivery as planned with another male, identified as Michael Vandenburgh, 49, of Fall River. Pacheco directed Vandenburgh to sell the Fentanyl to the cooperating witness and the undercover detective. After the delivery of Fentanyl was completed, Pacheco and Vandenburgh were arrested and taken into custody. During a search, Pacheco had another 61 blue glassine bags of Fentanyl on his person at the time of the arrest.

In August of 2019, Vandenburgh pleaded no contest to possession of fentanyl with the intent of distribute, according to court records. Vandenburgh received a five-year sentence, with one year to serve at the Adult Correctional Institutions in Cranston. The rest of the sentence was suspended. Vandenburgh also received 5 years probation, mandatory substance abuse counseling, and an order to pay $1,539 in assessments.