Caya's Sentence Confounds Neighbors

When Nashua Police announced the arrest in August of 2011 of Paul E. Caya Jr. of Jefferson Street, then 79, the details were shocking – but not so surprising – to those already familiar with Caya.

In 2009 Caya was in the news after a suspicious fire gutted a home he still owns at 56C Amherst St., which remains unrepaired and uninhabited.

Caya was indicted in 2010 for possession of suboxone, a prescription drug used to treat opiate addicts, for which he was convicted of a misdemeanor.

And in 2010 Caya was arrested for allegedly trying to pull a 10-year-old boy into his van, a charge that was eventually dropped after it was determined there was not sufficient evidence to charge Caya with kidnapping, explained Assistant District Attorney David Tencza yesterday.

On August 23, 2011 Caya and a female accomplice, Ashley Xiggores, then 25, were arrested on multiple sex- and drug-related charges involving explicit acts with a 14-year-old runaway. In exchange, they gave her drugs.

Caya appeared in court two days ago for sentencing on the 2011 drug and sex charges, a "capped plea bargain" deal reached March 4 to avoid a trial, reducing his four felony charges of:

• one count of indecent exposure and lewdness
• one count of felonious sexual assault
• one count of prostitution and related offenses
• one count of endangering the welfare of a child

to one count of felonious sexual assault and one count of prostitution.

Tencza explained that the capped plea resulted in a fixed amount of jail time and certain conditions that the county attorney's office could ask for, in this case, Tencza requested 3 1/2 to 7 years of prison time with no home confinement option.

Caya's defense attorney, Charles Keefe, requested that the 3 1/2 to 7 years all be suspended, and that Caya serve no time, only probation.

Judge Jacalyn Colburn on April 1 sentenced Caya to 3 1/2 to 7 years in prison on the sex assault charge, and suspended the prostitution charge. She recommended home confinement, a sentence which immediately sparked outrage from Patch readers here on our news site and on our Facebook page.

Tencza said he especially understands how those who've been following the case would be upset. Neighbors were relieved when in October of 2011 Caya's bail was revoked, after County Attorney Charlene Dulac was able to convince Colburn that Caya posed a danger to the community.

On Tuesday Tencza noted that despite Caya's recent arrest history, he is not considered by the court to be a "lifelong criminal."

He also said Caya's fate has yet to be determined.

"It's my understanding that someone who has an assault conviction is not eligible for the home confinement program, but I guess there are always exceptions that could be made if the person being sentenced is not considered a risk to reoffend," said Tencza. He declined to comment directly on the Colburn's recommendation in this case.

Tencza said one of the factors that went into Colburn's decision was "medical treatments" Caya undergoes.

"I understand he has problems with his general health, and some cardiac problems, that he's on a number of medications for," Tencza said.

Currently Caya remains in custody at the state prison, awaiting a decision on his sentencing. Xiggores' trial, scheduled to begin this week, has been postponed.

"The judge can't order home confinement; she can only recommend it. The decision is up to someone in Concord at the Department of Corrections," Tencza said.

If granted home confinement, Caya would be subject to some kind of electronic monitoring device and would have a parole officer watching him, along with monitoring by Nashua Police, who would do random home checks.

Tencza said it's probably too late for members of the community who take issue with the sentencing to have any sway.

"The judge understood everything Mr. Caya was involved with, but if anyone would like to contact me directly with complaints, they can," Tencza said.

Tencza can be reached at 603-594-3250.