Attorney General Peter F. Kilmartin announced today that Superior Court Justice Robert D. Krause sentenced Victor Arciliares (DOB: 12/1/88) of Providence to life plus 45 years for the October 29, 2009 murder of 18-year-old Dayvellis Cotto. Arciliares was found guilty by a jury on March 23, 2012 after an eight-day trial.
Judge Krause sentenced Arciliares to 45 years to serve on the count of second degree murder and a consecutive life sentence on the count of using a firearm while committing a crime of violence.
During the trial, the State proved beyond a reasonable doubt that Arciliares shot and killed Dayvellis Cotto, his girlfriend and the mother of his child.
On October 29, 2009, Providence Police responded to a 911 call to 353 Montgomery Street, where upon arrival, they found Cotto bleeding from what was later determined to be a gunshot that pierced her heart and ultimately led to her death. Providence Police initially charged Arciliares with manslaughter, and a Providence County Grand Jury later returned an indictment of second degree murder and using a firearm while committing a crime of violence.
During the trial, the State presented evidence that Arciliares, after verbally fighting with Cotto earlier that day, pointed a loaded gun at her and pulled the trigger. As she turned to run, the bullet struck Cotto in the arm. The bullet travelled through her body, piercing her heart. Once she collapsed, Arciliares moved the body outside and had a friend dispose of the gun before police arrived. Arciliares later claimed the gun accidentally went off.
"Despite his attempt to cover up the murder of the mother of his child by claiming it an accident, the truth came out. This was a murder, pure and simple. The violent and cowardly actions by Victor Arciliares stole a daughter from her parents and a mother from her child," said Attorney General Kilmartin.
Providence Sgt. Michael Fallon and Detective Angelo Avant led the investigation and Assistant Attorney General Maureen Keough and Special Assistant Attorney General Gina Lopes prosecuted the case on behalf of the Office of Attorney General.
Arciliares was recently indicted for the October 30, 2010 murder of Alfredo Barros. On May 30, 2012, the Statewide Grand Jury reported out an indictment charging Victor Arciliares and Rolando Rojas each with one count of first degree murder and one count of conspiracy. Arciliares is also charged with discharging a firearm while committing a crime of violence, discharging a firearm from a motor vehicle, assault with intent to commit murder and using a firearm while committing a crime of violence.
It is alleged that Arciliares and Rojas conspired to and did murder Alfredo Barros while he sat in a vehicle stopped at a red light. It is also alleged that Arciliares shot at and attempted to kill a second person in that vehicle, Ruben Gomes, but Gomes escaped serious injury. Arciliares was arraigned before Judge Robert D. Krause in Providence County Superior Court on June 13, 2012.