Manslaughter Charge Follows Fatal Cape Cod Crash

HARWICH, MA — One person is charged with manslaughter while operating under the influence in the Cape Cod crash that killed a 48-year-old man.

Zachary Fena, 49, of Centerville, is charged with manslaughter while operating under the influence, motor vehicle homicide while operating under the influence, OUI, negligent operation of motor vehicle and a marked lanes violation.

This comes after state police were called to Route 6 on April 3 around 5:26 p.m. for a two-car crash in Harwich that killed Mario Da Paixao Andrade, 48, of Hyannis.

Troopers arrived on scene and observed two vehicles with debris scattered across both the eastbound and westbound lanes, officials said.

Fena's vehicle was found in the median separating the eastbound and westbound lanes with "heavy front-end damage," officials said.

The vehicle driven by Andrade was in the eastbound breakdown lane, facing west, against the guardrail. Andrade's vehicle also had heavy front-end damage, with witnesses at the scene stating that Fena was seen "swerving multiple times, with rapid vehicle speed changes, prior to crossing the median from the eastbound lane into the westbound lane."

Fena's vehicle struck Andrade's head-on, officials said.

Andrade was taken to Cape Cod Hospital for further evaluation after being determined "no longer viable for resuscitation" at the scene.

As a result of the on-scene investigation, probable cause was developed that Fena was operating the motor vehicle under the influence of alcohol. He was subsequently placed in custody at Cape Cod Hospital.

Fena was arraigned out of the Orleans District Court. The state requested $10,000 bail.

The court ordered $5,000 with conditions of release, and Fena is scheduled on May 5, 2025, for a probable cause hearing in the Orleans District Court.