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Botello rejects plea offer for attempted murder of trooper

By Tom Rivers, Editor Posted 28 January 2014 at 12:00 am

Botello

ALBION – A Kendall resident accused of trying to kill a state trooper rejected a plea offer in court on Monday that would have capped the prison sentence at 15 years.

Carlos Botello, 42, is accused of attempted murder of a state trooper following a traffic stop on Sept. 3. Botello was stopped by Trooper Dan Metz. Botello, who also has been charged with driving while intoxicated, allegedly attempted to back over the trooper. Metz avoided being struck, but Borello smashed into a state police vehicle.

Botello then fled the scene by vehicle. Metz pursued him until Botello entered a farmer’s field and became disabled, police reported.

District Attorney Joe Cardone presented a plea offer to Botello in county court on Monday. If Botello pleads guilty to attempted murder in the second degree as well as the DWI he would face a maximum sentence of up to 15 years, according to the offer from Cardone.

But Botello, with his attorney Nathan Pace from the Public Defender’s office, rejected that in court. Judge James Punch then set a date for the trial. A jury will be selected on April 1 and the trial is scheduled to start on April 2.

Botello in recent court appearances had asked that Punch recuse himself from the case due to his past with Botello when Punch was both county court judge and district attorney. Botello on Monday said he is withdrawing his request that Punch recuse himself.

Botello remains in the county jail on $2.5 million bail.