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Botello gets maximum of 9 years in prison

By Tom Rivers, Editor Posted 14 April 2014 at 12:00 am

Botello

ALBION – A Kendall resident who faced attempted murder charges of a state trooper was sentenced to 9 years in state prison today.

Carlos Botello, 42, pleaded guilty to second-degree attempted murder on Feb. 3. He admitted in court that he backed a car towards state trooper Dan Metz and smashed into the trooper’s patrol car on Sept. 3. But Botello said he wasn’t trying to injure Metz, who jumped out of the way and wasn’t hit by the car.

Botello said he was intoxicated at the time. He said he was trying to smash into the police car, but he insisted he didn’t want to hurt Metz.

“He was overcome with fear of going back to jail,” Botello’s attorney Nathan Pace told County Court Judge James Punch during sentencing this afternoon.

Botello through his attorney apologized to the police officer and said he was grateful no one was hurt. Botello declined to speak during the sentencing.

Punch said Botello has “a long serious criminal history.” The judge noted Botello has often been polite during his court appearances.

“I don’t understand what goes on in your mind,” the judge said, noting Botello’s contrasting behavior.

Although Botello said he didn’t mean to hurt the state trooper, Trooper Metz testified in a hearing in late January that he and Botello made eye contact when Metz was standing behind Botello’s vehicle. Botello then accelerated, nearly pinning Metz between the two vehicles, Punch said.

Besides second-degree attempted murder, Botello also was charged with driving while intoxicated. His BAC was 0.11 percent, which is above the 0.8 BAC threshold for DWI. He was sentenced to a year in prison for DWI and that will run with the nine-year sentence.

Assistant District Attorney Susan Howard asked Punch to sentence Botello to the maximum 9 years as part of a plea deal. She noted Botello “has a history of aggression towards law enforcement and police officers.”

When Botello was 23 in 1994, he fired six rounds into the home of Deputy Herb McClellan in Kendall. Botello was convicted of first-degree reckless endangerment and served four years and three months in state prison.

As part of sentencing today, Botello was ordered to pay $1,000 in restitution for damaging a farmer’s corn crop and putting ruts in his field.