Note: The following statement, detailing the state’s case vs. James Soares, Jr., was read to the judge immediately following Mr. Soares’ guilty plea in Rhode Island Superior Court on Tuesday, April 27. It was read into the record by prosecutor Stacey Veroni; note that breakheads were added by the editorial staff to break up the long text; they were not included when Ms. Veroni read the statement:

Had this matter proceeded to a trial, the state would have proven the following facts beyond a reasonable doubt:

That back on July 7, 2008, James Soares, 60 years old, and Marion Soares, 53 years old, were living at their home at 14 Baltimore Avenue in Warren, Rhode Island. The couple had been married for 28 years and had one child in common, James Soares Jr., then 24, who also resided at that address.

James Sr. had two children from a prior marriage, Sherry Thornton and Dawn Vieira. James Jr. had lived at the Baltimore Avenue address with his parents and for a period of time the defendant’s girlfriend, Nicole Pacheco, had also lived there. In May of 2008 Nicole Pacheco was asked to leave the family home after James Sr. discovered that his credit cards and cash were missing from his bedroom. James Sr. believed that James or Nicole had stolen from him and reported the theft to the Warren police, as well as the Columbus Credit Union.

Ultimately, James Sr. declined to follow up with a criminal complaint and the matter was dismissed. As a result of this incident the defendant’s relationship with his parents deteriorated. In particular the defendant’s relationship with his mother soured considerably, as he blamed her for Nicole having been banned from the residence. Despite the theft and the ongoing family turmoil, defendant maintained his relationship with Nicole Pacheco, often professing his love for her.

Cookout comes and goes

Family disputes notwithstanding, James Sr. and Marion continued their long-standing practice of entertaining family and friends at their home. In June of 2008 the family hosted a combination summer kickoff and birthday gathering for the defendant, and then on July 4th all had gathered for a cookout.

The big event of the summer was one that Marion had been looking forward to and it was the Silva family reunion, for her side of the family. This event was to take place on July 12, 2008 and during the months leading up to it, Marion had spent a considerable amount of time making arrangements, planning menu and coordinating with family. In particular, she researched and prepared a family tree showing all of the descendants on her side of the family and had taken it to a print shop so there would be copies for all, in excess of 100 people. In short, this is something she worked hard on, and James and Marion had no intention of missing this reunion.

On July 7, 2008, just days before the scheduled reunion, Marion and James purchased a 1995 BMW from a dealership in Middleboro, Mass. This was something that Marion was excited about. Mr. Burt Roberts, who sold the couple this BMW, was the last witness to have seen the couple alive. During the days as the reunion approached, phone calls from family and friends to the couple’s cell phones and home were not returned. E-mails were also not returned. Although somewhat unusual, all expected they would see James and Marion on the 12th. But July 12, 2008 came and went, and Marion and James Sr. were notably absent from the family reunion. Family members grew more and more concerned as each day passed. The brothers of James Soares, the sister-in-law, Marion’s brother Paul tried time and time again to reach out to the couple. The only person they were able to reach, however, was the defendant.

Initially the defendant told family and friends that his mother and father were on a vacation. Specifically, his parents had taken a month-long motorcycle trip. His story changed on or about July 14, 2008, when he told family members that they had left the house on July 10, 2008, that they had split up and that his father had run off with a woman that he’d met on the Internet, and Marion had gone to visit an unknown friend, unknown to the defendant, in Massachusetts.

He indicated that the last time he spoke with his mother, in addition to July 10, 2008 on the telephone, was on July 13th, after she called him, promising to return home the following Monday.

Notably at this time, just after July 7, 2008, Nicole Pacheco was living back at the Baltimore Avenue home. In fact, the defendant and Nicole Pacheco were staying in the bedroom of James and Marion Soares after having broken off a padlock that the couple had placed on the door specifically for the purpose of keeping the defendant out and keeping their property safe.

Concerns, credit cards

As the days passed, family members became more concerned when they realized that the defendant was not only lying to them but seemed unconcerned that his parents had not been heard from. Unable to reconcile the defendant’s stories or actions, the family members contacted Warren police on July 14, 2008, and July 15, 2008 and asked for their assistance in doing a well-being check and locating the missing couple.

Police responded to 14 Baltimore Avenue to speak with the defendant on the 14th and followed up as well on the 15th. At the request of police the defendant responded to the police station on July 16, 2008 and thereafter voluntarily and without force or coercion provided two statements on this day, reiterating the fact that his father had left with another woman and that his mother was in Massachusetts.

On this same date the police learned that the couple had left all of their personal belongings behind, including their vehicles, credit cards, clothes, cell phones, purses and medication. The defendant willingly provided a number of these items to police and indicated that he was eager to assist with the investigation.

The police investigation led to the discovery of bank records and other evidence which revealed that James Soares Jr. and Nicole Pacheco were spending and withdrawing thousands of dollars from Marion and James’s various accounts, accounts that he was clearly unauthorized to use.

As the investigation continued, the defendant called the police every day, again indicating his willingness to assist them and determining if there were any updates in the investigation.

Blood discovered

On July 22, 2008, Warren police contacted the Rhode Island State Police and asked for their assistance in this investigation. Representatives from both agencies then executed a search warrant during the early morning hours of July 23, 2008, which had been validly obtained and issued on July 21, 2008, this being executed at the 14 Baltimore Ave. residence.

Prior to informing the defendant that a warrant had been obtained, Det. Annunziata from the Warren police obtained consent to search same residence from the defendant. The consent was freely and voluntarily given by the defendant and memorialized in writing. During the course of this July 23 search, a significant pooling of blood was located in the basement closet next to the laundry room which was off of the bedroom belonging to the defendant. That blood was later determined to belong to Marion Soares.

On that same date the defendant freely and voluntarily provided another statement to Warren police. During this interview the defendant continued to lie about his father leaving his mother, but did admit to using credit cards during that interview.

While he was provided a copy of his Miranda warnings at this time, the defendant was not in custody. He was free to leave and in fact did so after the hour and 22-minute interview.

On July 25, 2008, James Soares was once again invited to the Warren police station to provide additional information. At this time the Rhode Island State Police were present as well when the defendant arrived with his girlfriend Nicole Pacheco.

The defendant was asked to accompany police to the state police barracks and did so freely and voluntarily. The defendant was not in custody and instead drove with Det. Annunziata in the front seat of an unmarked car. In fact, at the defendant’s request, the two even stopped off at a local eatery to purchase some sandwiches and drinks prior to the arrival at the Lincoln, Rhode Island state police barracks. Once at the Lincoln barracks the defendant was again provided with a written copy of his Miranda rights. He read them and initialed them, indicating that he not only understood his rights but that he was knowingly and voluntarily waiving them. He was not in custody at this time and free to leave, despite police having probable cause to arrest him for theft offenses relative to the credit cards.

James Jr. speaks

At this time defendant admitted to police that he had lied to the Warren police about the last time he spoke with his parents. Instead he indicated that it was his father that he spoke with via telephone on July 10, and not his mother, and that he had suspected that his father had hurt his mother. The interview lasted some three hours; however only a portion of that was recorded, approximately one half hour. He was not forced into providing a statement, he was not coerced or threatened. After this first statement the defendant had had a good rapport with the detectives but that rapport that had been established with one of the detectives specifically deteriorated significantly after one challenged the defendant with regard to the credibility of statements that had been made. Instead, he called him a liar.

The defendant, after this one half hour interview was recorded, was confronted with the cell phone records showing that no calls were received from anyone on the 10th, from Massachusetts at the Baltimore Avenue home.

As the detective with whom he lost rapport abruptly left, his knee struck the table, causing papers to fly. That detective then removed himself from the investigation, and the defendant voluntarily and without force or coercion agreed to continue to speak with Det. McKinney and Det. Annunziata.

Stories change

Later this same day the defendant proceeded to give two additional statements to the Rhode Island State Police and Warren police. Prior to providing the second statement on the 25th, the defendant was again advised of his rights. He knowingly and intelligently waived them, and agreed to assist in the investigation. In this statement the defendant stated that his father had killed his mother in the basement. He observed him attempt to dispose of her body, driving off with it in the back of his truck and then left on foot. Defendant claimed he had not seen him since.

This statement too was recorded in part after numerous breaks on tape. The statement was followed by a dinner break where the defendant ate McDonalds, smoked cigarettes and drank soft drinks. He was still free to leave and he was not under arrest. He asked the police if he could provide a third statement. Prior to that the defendant was reminded of his Miranda warnings and stated to police that his father had killed his mother and that he in turn killed his father and in turn disposed of both bodies in the dormant backyard cesspool. This statement too was recorded in parts and the statement was interrupted for breaks.

At this point the defendant was not free to leave. The Rhode Island State Police spoke with the defendant about his options, indicating that he could be arraigned and transported to the ACI or stay and assist in the investigation. The defendant readily accepted the option of staying at the barracks on this evening.

Bodies discovered

On July 26, 2008, the Rhode Island State Police obtained another warrant for the property at 14 Baltimore Ave. It was executed later that morning. This property had been continuously searched and held pursuant to validly issued search warrants since the 23rd of July. On the 26th of July representatives from the Rhode Island State Police and Warren police located the dormant cesspool and began to remove debris that had been thrown down into this hole. After removing the debris the police found the badly decomposed bodies of James and Marion Soares.

James Jr. confesses

Later that day, on the 26th of July, 2008, defendant was again reminded of his Miranda warnings. He knowingly and intelligently waived his rights and agreed to give another statement. He also waived his right to be presented to a judge for arraignment and to stay in Rhode Island State Police custody until the 28th, that being Monday.

At this time the defendant indicated that Nicole Pacheco had spoken with him about killing James and Marion, and that Nicole did in fact kill Marion, and that defendant killed his father. Part way into that statement, the defendant informed police that he was lying about Nicole’s involvement, that he acted alone, and that he killed his mother first when she was alone in the house in the laundry room. He stated that he struck her with an object later described as a grub hoe and then snuck up on his father when he returned home after a motorcycle ride. He also stated that he killed his father with the grub hoe and dumped his body into the cesspool, later disposing of his mother in the same manner.

On July 27th, 2008, the defendant was again reminded of his Miranda warnings, knowingly and intelligently waived his rights and agreed to give a final statement describing his actions. The statement was consistent with acting alone but having discussed this with Nicole Pacheco prior to the killings.

The evidence would further have shown that subsequent to his arrest, not under the watchful eye of police, the defendant wrote friends and made inculpatory statements with regard to his participation in the murders of both of his parents.

Skull fractures

Testimony of the medical examiner, Dr. Gilman, would have revealed that Marion Soares was struck four times with an instrument consistent with a grub hoe that resulted in three depressed skull fractures, all premortem injuries. Dr. Gilman would have testified that James Sr. suffered two depressed skull fractures consistent with blunt force trauma consistent with being struck by a grub hoe, also premortem injuries.

The evidence would have further revealed that James Soares had the specific intent to kill his mother at the time of the killing and did in fact kill Marion Soares. James Soares premeditated the mother of his mother Marion, who was unarmed and not a threat to him. He acted purposely and with time to reflect more than a mere moment.

The evidence would have further revealed that James Soares had a specific intent to kill his father at the time of his death, and he acted purposely, with time to reflect more than a mere moment before striking James Sr. to the back of the head. He disposed of both of their bodies unlawfully and concealed their deaths to prevent police from discovering the fact that he had committed two felonies, two homicides. Finally, the evidence would have shown that the defendant acted in concert with Nicole Pacheco to illegally and fraudulently obtain money from accounts belonging to his parents.

Spending spree

Specifically, the state would have proven that the two conspired on a day or date between July 7, 2008, and July 25, 2008, and agreed to use the bank cards belonging to his parents without their permission to purchase goods and obtain cash advances. The agreement to fraudulently use credit cards was formed in Rhode Island and constituted two separate agreements to use the cards in both Rhode Island and Massachusetts.

The two also conspired on a day and date between July 7, 2008 and July 25, 2008, in Rhode Island, to fraudulently obtain money under false pretenses, the value of which was over $500. In fact, all told, the two obtained well over $12,000 in goods and cash in the two and one half week period following the couple’s murder.

The credit or bank cards that were fraudulently used were an Aspire Visa card, a Laborers Mastercard, Sears Mastercard and a Columbus Credit Union ATM card. All four were used by the defendant and/or Nicole Pacheco repeatedly during the two-week period, but for purposes of this plea, the state maintains the following:

The Sears Mastercard belonging to Marion Soares was fraudulently used on July 8 ,2008 to obtain a cash advance in the amount of $300 at the BankNewport in Warren, Rhode Island, without her permission or consent, that James and Nicole were captured on ATM surveillance at this location. The same card was also used in Warren, Rhode Island on a number of occasions during a six-month period, during that time frame of July, at that same ATM, for cash advances over $100, with the intent to defraud the issuer and without consent of the cardholder.

The Aspire Visa credit card belonged to James Soares was fraudulently used by the defendant and Nicole Pacheco on numerous dates in July 2008 to purchase goods and service in an amount exceeding $100 with the intent to defraud the issue and without the consent of the card holder, James Sr. The Laborers Union Mastercard credit card belonging to James Soares Sr. was used by the defendant and Nicole Pacheco on July 22, 2008, to obtain cash in the amount of $400 at the BankNewport ATM with the intent to defraud the issuer and without the consent of the cardholder James Soares Sr.

The same card was also used in Rhode Island on a number of additional occasions to purchase goods and services in an amount exceeding $100, with the intent to defraud the issuer and without the consent of the cardholder. Finally, the Columbus Credit Union card was an ATM card issued to James Soares Sr. and was used by the defendant and Nicole Pacheco on July 10, 2008, in Rhode Island, at the Cumberland Farms store and to nearby access a computer system with the purpose of obtaining money by means of false pretenses, and did so without permission of James Sr. and with the intent to defraud the Columbus Credit Union.

Those are the facts that the state would have been prepared to prove beyond a reasonable doubt at trial.

— Statement transcribed by Ted Hayes