Botello pleads guilty to attempted murder of trooper

By Tom Rivers, Editor Posted 3 February 2014 at 12:00 am

Kendall man faces maximum of 9 years in prison


ALBION – A Kendall resident could face a maximum of nine years in state prison after he pleaded guilty today to attempted murder in the second degree.

Carlos Botello, 42, said in Orleans County Court today 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.

However, Metz testified in a hearing last week 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, Judge James Punch said in court this afternoon.

Botello’s blood alcohol content was 0.11 percent, which is above the 0.8 BAC threshold for DWI, but not “highly intoxicated” to the point where he didn’t know what he was doing, District Attorney Joe Cardone said.

Metz’s patrol car also was 25 to 30 feet behind Botello, and Botello accelerated and continued until he hit the patrol car.

“The defendant had plenty of opportunity to stop,” Cardone said in court.

Botello could face a maximum of 25 years for second-degree attempted murder. He could face a life sentence as a persistent violent felon.

Rather than risk a longer sentence with a guilty verdict at a trial, Botello said he is pleading guilty with the stipulation he not spend more than 9 years in state prison. Judge Punch will sentence Botello on April 14. If the sentence is longer than 9 years, Botello can withdraw the plea.

Botello also pleaded guilty to drunk driving. He faces a year maximum sentence for that and the sentence will run concurrently. It won’t be added to the other one.

As part of the plea deal, Punch could order Botello to pay restitution for the damaged car, pay a fine, have his license revoked and install an interlock ignition device, as well as attend a victim impact panel.