Judge clears way for Piri murder trial early next year Five week trial expected, complicating scheduling
Shawn Cunningham | Apr 23, 2026 | Comments 0
By Shawn Cunningham
© 2026 Telegraph Publishing LLC
Judge Treadwell delivers his decision from the bench
On Wednesday, Judge John Treadwell, reading his decision from the bench, explained that the prosecution’s burden is to show it has sufficient evidence to convict Piri on the charges and that the defense’s motion would have required him to make decisions on the credibility the state’s evidence. Treadwell said that assessing credibility is for the “finders of fact” – in other words the jury – to do.
As he said many times during an April 3 hearing, under the rules of criminal procedure, Treadwell is obliged to look at the evidence “in the light most favorable to the state” and he is not allowed to consider “modifying evidence” that calls the state’s case into question.
Treadwell then read the “elements of the offense as charged” saying that Piri is charged with unlawfully killing Fonseca-Rivera. He noted that, according to the state’s case, Piri was traveling home to Connecticut from his house in Londonderry on Route 103 a few minutes ahead of Fonseca-Rivera. The truck driver then caught up to Piri, driving less than two seconds behind him at Savage Trucking. According to the state, Fonseca-Rivera was on the phone with a co-worker complaining about the Toyota Tundra ahead of him braking abruptly. The phone call dropped after the co-worker heard the truck hitting the “zipper” pavement and Fonseca-Rivera sighing. An expert said that the bullet that killed Fonseca-Rivera severed his carotid artery and he would have died in seconds to minutes, which would have been enough time for him to pull the truck off to the side of the road.
Continuing to review the state’s case, Treadwell said that Piri’s truck has a rear window that could be lowered; it was also equipped with a magnetic gun holder and he had a collection of guns in his houses in Vermont and Connecticut; the caliber of the bullet that killed Fonseca-Rivera was consistent with several guns Piri owned, and one – a Walther PPS — was missing its barrel and slide and thus could not be tested.
Bullet damage to the truck’s windshield
Treadwell said that Piri continued driving home and multiple internet searches were made from his phone for “Chester news,” “Rockingham news” and “Vermont crime news” hours before Vermont State Police released information on the shooting.
“The state’s evidence of the defendant’s involvement is circumstantial,however, when viewed in the light most favorable to the state, the evidence is substantial as to the defendant’s identity as the perpetrator,” said Treadwell, concluding, “… The evidence is sufficient, the state has met its burden and the motion to dismiss is denied.”
Turning to establishing a trial date and length, Treadwell said he had learned that simultaneous translation was available if Fonseca-Rivera’s family would be participating in the trial and that would not make the trial longer, as was previously thought. He proposed a jury draw on Oct. 1 and 2, with a five-week trial beginning on Oct. 6. The schedule would be four days per week.
John Amabile, a Massachusetts criminal defense attorney serving as co-counsel for Piri’s team, said he had a complicated homicide case involving the insanity defense in early December and the October/November dates would make it difficult for him to prepare for that trial. That led to all the attorneys comparing their case dates, and Treadwell saying he would confer with court employees to find a date to start in late January.
Piri remains free on $250,000 bail and participated in the hearing via Zoom from Florida.
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