Attorney General Peter F. Kilmartin announced that Richard Baribault (age 42) and Troy Gunderway (age 47), both of Warwick, RI, were sentenced today by Superior Court Justice Brian P. Stern for the August 1, 2015 murder of Fernando Silva, who was affectionately known as "Captain Fredy."
Troy Gunderway, who pleaded guilty on March 22, 2017 to one count of second degree murder and one count of conspiracy to commit robbery, was sentenced to a total of 55 years of which 35 years will be served and the remainder suspended with probation.
Baribault, who was found guilty by a Kent County Superior Court jury on June 30, 2017 of first degree murder, conspiracy, possession of a knife over three inches, receiving stolen property, and operating on a suspended license, was sentenced to a total of life plus ten years to serve.
On the evening of July 31, 2015, Gunderway and Richard Baribault learned that Captain Fredy had earlier won several hundred dollars playing Keno. The two men conspired to steal the money.
They drove to the marina where Captain Fredy lived on his boat and boarded the vessel. Captain Fredy, who was asleep at the time, awoke to noises and found Gunderway and Baribault in the cabin of the boat. Baribault struck Captain Fredy in the face several times. Gunderway then restrained Fredy by holding him in a head lock for several minutes while Baribault searched the boat for Fredy's winnings. During the assault, Baribault forcefully held a pocket knife to Fredy's neck and stomach demanding the money and kicked Fredy several times throughout the assault and robbery. Captain Fredy died as a result of the blunt force trauma he sustained during the violent attack.
Over the next several days, the two men then attempted several times to hide their crime. On one occasion, they attempted to move the boat but the motor failed. They returned later in the day with a new motor, but it too failed to start. On another occasion, they brought a cooler containing bleach, a cinder block, and rope to the boat and cleaned the boat using the bleach.
On August 4, 2015 Baribault and Gunderway returned to the boat where they were able to start the original motor. Gunderway piloted the boat to a scenic overlook area of Warwick Cove, dropped anchor, and abandoned the vessel. He used the dinghy to row to shore, where he was picked up by Baribault.
A few days later, Baribault and Gunderway realized that the boat had moved from the location where it was moored. After a search of Warwick Cove, they located the boat in the spot where the body was eventually located by Harbormaster Jeff Barris.
"By all accounts, Captain Fredy was quite the character and thought by many as a kind and gentle person who was always ready to lend a helping hand or share a sailor's story," said Attorney general Kilmartin. "It is a tragedy that his life was cut short by two men who decided he would be an easy target for robbery."
Warwick Police Detective Sgt. Mark Canning and Lt. Scott Robillard led the investigation and Special Assistant Attorneys General Timothy Healy and Matthew LaMountain prosecuted the case on behalf of the Office of Attorney General.