ALBION – A Holley resident faces up to 2 years in state prison after he violated his probation when he had Diazepam (valium), a controlled substance, in June.

Joshua D. Ornt, 26, of Hall Road pleaded guilty in Orleans County Court to seventh-degree criminal possession of a controlled substance.

As part of his probation he was forbidden from having valium or any controlled substances. He obtained the Diazepam from a friend, a drug dealer, Ornt told County Court Judge James Punch in court on Monday.

Ornt also failed to show up for a drug test on Aug. 23 and didn’t have a drug evaluation, which constitute “substantial violations” of probation, Punch said.

Ornt will be sentenced Dec. 23 and faces prison time, plus a year of post-release supervision.

ALBION – A Shelby man pleaded guilty today to a sex crime against four young boys.

Gerald L. Wolter, 37, of Freeman Road did not have intercourse with the boys, but made contact with them, according to statements in court today. Wolter confessed to the crimes, which occurred between January and May 2013.

Wolter faces up to a maximum of 12 years in state prison as part of a plea today to first-degree attempted criminal sexual act, and four counts of endangering the welfare of a child.

Wolter also faces child molestation charges in Niagara County. The Niagara County Court is handling that case.

Wolter is being held in jail without bail. He will be sentenced at 2:30 p.m. on March 17.

Swader

ALBION- James Swader, who is accused of selling narcotics from the Monroe Muffler and Brake in Medina, was sentenced to two years in state prison today by Orleans County Court Judge James Punch.

Swader, 52, of Akron was manager of the Monro Muffler at 11334 Maple Ridge Rd. He pleaded guilty to attempted criminal sale of a controlled substance in the third degree.

He was charged on June 4 with five counts of criminal sale of a controlled substance in the third degree, five counts of criminal possession of a controlled substance in the third degree and five counts of criminal diversion of prescription medications and prescriptions in the fourth degree.

The Orleans County Major Felony Task Force and the Medina Police Department executed a search warrant on June 4 at Monro Muffler following a three-month investigation into the sale and distribution of prescription narcotic pills in Medina.

As a result of the investigation, a search was executed after numerous narcotic buys were conducted inside the business. Police seized prescription narcotic medications, including morphine and oxycodone, which was located inside the manager’s tool box in the garage area of the business, the Task Force reported.

(Editor’s note: This article was updated from an earlier version.)

ALBION – A fourth county department head is retiring, only to return to a management role on a part-time basis.

Craig Lape, the county’s weights and measures director, also manages the fuel farm on West Academy Street. After Lape retires on Dec. 31, the fuel farm duties will be shifted to a secretary in the highway department, whose weekly hours will increase from 35 to 40.

Lape will continue as weights and measures director. He visits stores, markets, warehouses, wholesale houses, gas stations and other businesses to test and verify the accuracy of weighing and measuring devices. The position ensures accuracy in meat, produce and platform scales.

County Legislature Chairman David Callard said the county is fortunate Lape is staying on in the position, at a reduced cost to the county.

He is the fourth department head to reach retirement, and then agree to stay on in a part-time basis.

Wayne Hale retired as planning and tourism director, but has stayed on in a part-time role in the positions. Pam Canham also retired as Office for the Aging director, but continued with the department as an assistant director. Carol Miller also serves as part-time director for job development after she retired from a full-time role in the position.

“Their experience is invaluable,” Callard said. “They’re working at a reduced cost to the county, and we’re still able to deliver the service.”

The part-time retired directors receive their state pensions. They can not earn more than $30,000 in their part-time roles if they want to receive their full pension, according to state comptroller rules, county officials said.

ALBION – A Medina man who admitted to punching a customer outside the VFW in Medina and then taking $200 from the victim was sentenced to 1 1/3 to 4 years in state prison.

William Cruz, 41, pleaded guilty to attempted robbery in the third degree for the crime on March 15. He has two prior felonies and nine misdemeanors.

He was ordered to pay back the $200, plus $740 in the victim’s medical expenses.

“You have a long record,” Orleans County Court Judge James Punch said at sentencing on Monday. “You’ve been given opportunities to deal with alcohol, but you don’t seem to have the backbone to deal with it.”

In other cases at county court:

David Nichols, 28, of Albion admitted to trying to sell prescription narcotics that were rolled into cigarettes.

Nichols said his mother Theresa S. Nichols, 51, of Albion supplied the hydrocodone and acetaminophen that he sold. He pleaded guilty to criminal possession of a controlled substance in the fifth degree.

He could face 1 ½ to 4 years in state prison as a second-felony offender. He will be sentenced on Feb. 10. Punch set bail at $10,000 for Nichols.

His mother pleaded guilty in court last week. She could face up to four years in state prison after she pleaded guilty to attempted criminal sale of a controlled substance in the third degree.

Nichols has another son who was also charged with selling prescription narcotics. Joshua Nichols, 26, of Albion appeared in court on Monday. He was assigned the public defender. He earned too much to qualify for the public defender but was recently laid off from his job.

Brandon Kirby, 26, of Albion could be sentenced to up to a year in jail for failing to install an ignition inter-lock device. That is a violation of his probation.

Kirby faces numerous charges after a crash on Oct. 23 in Clarendon when he allegedly crossed Mansfield Road, onto private property and struck a building owned by Acme Powerwashing Inc., of Holley.

Kirby was charged with Aggravated Unlicensed Operation 2nd Degree, Operating a Vehicle Without an Ignition Inter-Lock Device, Leaving the Scene of a Property Damage Incident, and Failure to Stop for a Stop Sign.

Kirby will be sentenced for the probation violations on Jan. 13.

ALBION – The trial against accused murderer Frederick Miller likely won’t start on Jan. 13 after Miller’s attorney said he wanted more time to file motions and arguments in the case.

Defense lawyer Robert King of Rochester said he intends to file a motion about a search by police of Miller’s home following the March 4 murder, when Miller allegedly killed his girlfriend. Police did not have a search warrant, King told County Court Judge James Punch in court today.

Rachel Miller died of blunt force trauma combined with multiple stab wounds.

King was hired by Miller on Dec. 7, about five weeks before the trial was set to start.

Punch said the issue of not having a warrant should be argued before the trial. He gave King two weeks to file that and any other motions in the case. The District Attorney’s Office will then have two weeks to respond.

“This is going to take us off the trial track,” Punch said in court.

He set 2 p.m. on Jan. 6 as the date for King and the DA’s office to argue motions in court. Punch said Miller and his attorney should have their motions heard – before the trial, even if it means a slight delay.

“If the trial (went forward on Jan. 13) the case would be reversed on appeal, so we’re not going to do that,” Punch said.

King, in court today, also said Miller is “not inclined” to accept an offer from DA Joe Cardone to plead guilty to second-degree murder and face a sentence of 15 years to life in state prison.

Botello

ALBION – A Kendall man accused of attempted murder of a state trooper requested that Orleans County Court Judge James Punch recuse himself from the case due to his past history in court with the defendant.

Carlos Botello, 42, has a lengthy criminal history that dates back to when Punch was district attorney. Punch has been the county court judge for 23 years.

Botello was charged with second-degree attempted murder of a state trooper following a traffic stop on Sept. 3. Botello was stopped by Trooper Dan Metz. Botello 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 the suspect until Botello entered into a farmer’s field and became disabled, police reported.

Punch said Botello’s paperwork filed with the court, seeking a recusal from the judge, was “gibberish” and “gobbledygook” that didn’t make a lot of sense.

But the judge said he would consider the substance of the issue, whether his past history with Botello warrants a recusal. But only if Botello consults with his attorney Nathan Pace and makes a strong case for recusal.

Botello in court today said Punch was DA and prosecuted him in a different matter in the 1980s.

“The time has long since dissipated if there is any position of conflict,” Punch responded to Botello.

Punch was the judge in another high-profile case with Botello in 1994. Botello was 23 when he fired six rounds into the home of Deputy Herb McClellan in Kendall.

He has been in and out of the court system several times. In one court appearance, Botello said the judge declared in court if Botello was ever in front of him again, the judge would put him away in prison for a long time. Botello said that is grounds for Punch to recuse himself.

Punch said he wants to see the transcripts from that sentencing, and if he made that statement to Botello, Punch said he would “look at it” and consider the request for recusal.

But Punch said he doubts he would recuse himself.

“I feel I can be fair and impartial,” Punch said in court.

He gave Botello and Pace until Jan. 6 to file a motion for recusal.

Punch said he rarely recuses himself.

“Mr. Botello, I’m the only judge in this county,” Punch said. “I can’t just send it across the hall. I’m only going to recuse when I have to recuse.”

Elyse Huffer

ALBION – The driver of the getaway car in a July 2 bank robbery in Albion pleaded guilty to first-degree robbery with the stipulation she serve no more than five years in state prison.

Elyse A. Hoffer, 22, of Rochester will be sentenced by Orleans County Court Judge James Punch on March 3. If he sentences her to more than five years, she can withdraw her plea. She made the plea on Wednesday.

“She was aiding and abetting,” District Attorney Joe Cardone said about Huffer and her role in the robbery. “She drove him there. She knew that.”

Huffer’s boyfriend Jeremy Rothmund, 30, pleaded guilty on Monday to first-degree robbery in Orleans County Court today. The Rochester man will be sentenced to no more than 15 years in state prison as part of a plea deal. He will be sentenced on March 3.

Rothmund and Huffer face charges for additional robberies in Monroe County.

In an Oct. 21 court appearance, Rothmund confessed in court that he robbed the Bank of America in Albion on July 2, showing up at the bank wearing a mask and threatening a clerk with a bomb that later was discovered to be fake.

Rothmund said he told Huffer to park behind the Freeze-Dry building on Route 31 near the railroad tracks while he went to buy drugs. Rothmund returned with a bag full of $18,000. He said he told Huffer to drive fast out of town. (The two were later stopped and arrested in Holley after a resident identified them in Albion and called the police.)

Rothmund in court first said Huffer didn’t realize he was robbing banks, but he said on Monday that she knew what he was doing.

Rothmund and Huffer both faced a maximum of 20 years in state prison but through the pleas will have reduced sentences.

Theresa Nichols

ALBION – An Albion woman pleaded guilty in Orleans County Court on Monday to selling hydrocodone and other prescription narcotics.

Theresa S. Nichols, 51, of 209 North Main St. could face up to four years in state prison after she pleaded guilty to attempted criminal sale of a controlled substance in the third degree.

As part of the plea, Nichols’ maximum prison sentence will be reduced from 5 ½ years to four. She was charged on Oct. 1 with two counts of criminal sale of a controlled substance in the third degree, two counts of conspiracy in the fourth degree, one count of criminal possession of a controlled substance in the third degree, one count of criminal sale of a controlled substance in the fifth degree, and one count of criminal possession of a controlled substance in the fifth degree.

Nichols has a prior criminal history. She admitted in court to selling hydrocodone to an undercover police officer.

Nichols was on social services and disability. She was selling prescription narcotics to supplement her income, her attorney Michael O’Keefe told County Court Judge James Punch.

She also faces a charge of felony welfare fraud in the third degree.

She remains in county jail on $25,000 bail. Judge Punch set a Feb. 24 sentencing for Nichols.

Her two sons also face numerous counts of criminal possession and sale of a controlled substance. The sons, along with their mother, were allegedly selling hydrocodone and tramadol pills, which were prescribed to the mother.

Joshua Nichols, 26, of 209 North Main St. appeared in county court on Monday. He was initially assigned a public defender, but Punch said Nichols earns too much money to qualify. He gave Nichols until Monday to hire an attorney.

In other cases in county court on Monday:

A Rochester woman was sentenced to four months of weekends in jail for selling cocaine.

Raquel T. Torrez, 34, of 256 Ave. D, Rochester was arrested on June 19 and charged with four counts of criminal sale of a controlled substance in the third degree. She pleaded guilty to fifth-degree criminal sale of a controlled substance.

Torrez is a cancer survivor who cares for five children, including a son with disabilities.

“I know you’re not the kingpin behind a drug operation, but you were fully involved,” Punch said during sentencing.

The judge was going to revoke her driver’s license, but issued a hardship waiver so she can drive to and from jail and take her son to physical therapy.

A Rochester woman was sentenced to a year in the county jail for felony driving while intoxicated.

Julie M. Makowski, 50, took a breath test two hours after being arrested on March 31 and registered a 0.15 blood alcohol content, nearly double the legal limit for driving drunk.

Punch said she also must install an interlock ignition device, which checks her BAC, on any vehicle she drives in the future. Her license to drive was revoked for a year.

An Appleton woman appeared in court on charges of third-degree grand larceny.

Dawn Papazian allegedly stole a horse trailer from Lynn-Ette and Sons farm in Kent. Judge Punch set $1,000 bail for Papazian, who is to reappear in court on Dec. 23 at 2:30 p.m.

Rothmund in his July mugshot

ALBION – Jeremy Rothmund, 30, pleaded guilty today to first-degree robbery in Orleans County Court today. The Rochester man will be sentenced to no more than 15 years in state prison as part of a plea deal.

He will be sentenced by Judge James Punch on March 3 at 2 p.m.

In an Oct. 21 court appearance, Rothmund confessed in court that he robbed the Bank of America in Albion on July 2, showing up at the bank wearing a mask and threatening a clerk with a bomb that later was discovered to be fake.

Rothmund faced a maximum of 20 years in state prison. The plea reduces the max to 15 years.

The plea deal doesn’t include Rothmund’s admitted role with two other bank robberies in the town of Greece. Rothmund on Oct. 16 also injured a corrections officer in the county jail. The plea for the Albion robbery doesn’t include that incident, either.

In the October court appearance, Rothmund said his girlfriend, Elyse A. Hoffer, didn’t know he was robbing banks when she drove him to the locations. Rothmund said he told her to park behind the Freeze-Dry building on Route 31 near the railroad tracks while he went to buy drugs in Albion on July 2.

Rothmund returned with a bag full of $18,000. He said he told Huffer to drive fast out of town. (The two were later stopped and arrested in Holley after a resident identified them in Albion and called the police.)

Punch on Oct. 21 questioned Rothmund about the claim that Huffer didn’t know she was driving the getaway car from a robbery. Rothmund told the judge she didn’t know beforehand if he was robbing a bank, but she later realized it.

Rothmund in court today said Huffer did aid him in the robberies.

John Butler

ALBION – A Lockport man faces drug charges after police seized 43 bags of crack cocaine on Friday, the Orleans County Major Felony Crime Task Force is reporting.

John H. Butler, 32, of 5794 Sweetwood Drive, Apt. G was charged with one count of criminal possession of a controlled substance in the third degree, one count of criminal possession of a controlled substance in the fourth degree, and one count of aggravated unlicensed operation in the third degree.

The Task Force worked with Albion village police and the Orleans County Sheriff’s Department to execute a search warrant on Butler’s vehicle, which was parked at 131 South Main St. in the American Legion’s lot.

Police seized 43 bags of crack cocaine from the vehicle. The Niagara County Drug Task Force and Niagara County Sheriff’s Department also searched Butler’s apartment in Lockport.

Butler was arraigned in the Town of Albion Court by Justice Kevin Howard. Butler was sent to county jail with no bail due to his previous criminal history. He is to return to Town Court on Wednesday at 9 a.m.

The investigation is still ongoing and further charges and arrests are pending.

ALBION – A Holley resident was sentenced to 1 1/3 to 4 years in state prison on Monday after breaking into a building and stealing last year.

Michael Redick, 27, of North Main Street had two prior petty larceny charges before he was arrested and charged with third-degree burglary, petty larceny and criminal mischief in the fourth degree. He broke into a building on Ridge Road on Feb. 2 2012.

He pleaded guilty on Sept. 9 to attempted burglary in the third degree. Orleans County Court Judge James Punch gave Redick the maximum sentence as part of the plea.

Redick apologized in court for the crime.

“I had no right to take from others,” he said.

Redick said he wanted a chance to get a job and take care of his family.

Punch said the court system has given Redick several chances to live a productive life. But Redick’s drug use has led him to “all sorts of crime and chaos,” Punch said.

“I can’t turn you lose on the public,” the judge said at sentencing. “You’ve been given several opportunities to deal with the problem.”

In another case in court, a former inmate at the Orleans Correctional Facility, a medium-security men’s state prison, pleaded guilty to second-degree assault and will spend 5 more years in state prison for assaulting another inmate.

Alejandro Sanchez, now an inmate at Attica Correctional Facility, pleaded guilty in court on Monday. He used a razor to slice another inmate in the neck on March 29, 2012.

Sanchez, through an interpreter, said he was acting in self defense. But District Attorney Joe Cardone said the other inmate did not have a weapon. Cardone said it was an unprovoked attack that left the other inmate with a 5-inch laceration in his neck and ongoing pain.

Sanchez could have gone to trial, but would have faced up to 7 years in additional prison time if found guilty. By pleading guilty, he faces 5 more years in prison. He will be sentenced on March 10.

Albion man also charged with armed robbery in February

Morris Taylor

ALBION – Morris Taylor, an Albion man who already faces charges for an armed robbery in February, was arraigned in Orleans County Court today on first-degree rape, forcible compulsion rape, and criminal sale and criminal possession of a controlled substance, both in the third degree.

Judge James Punch set bail for Taylor at $75,000. He is due back in court on Dec. 23 at 2 p.m.

Taylor, 23, of 239 East State St. is a former state track champion for Albion. He won the 400 meters in 2008.

On Feb. 28, he allegedly was armed with a knife and robbed a pizza delivery person outside Mark’s Pizzeria in Albion. After the robbery, Taylor allegedly left the area with $300.

The rape and drug charges are unrelated to the robbery and will be prosecuted separately, District Attorney Joe Cardone said.

ALBION A Medina man facing 24 counts, including burglary and grand larceny, was arraigned in Orleans County Court today by Judge James Punch, who set bail at $100,000.

Christopher Hollenbeck, 27, allegedly broke into a residence on Mill Road in Ridgeway in June. He is accused of taking nine guns, including several hand guns.

State police say he scratched off the serial numbers on some of the guns, which he then sold with help from his girlfriend Rebecca Bischoff, 26, of Medina.

Punch assigned the public defender for Hollenbeck, who said he isn’t working but would be interviewing for a job.

The District Attorney’s Office requested bail be set at $10,000, but Punch made it higher because the charges against Hollenbeck “are profoundly serious.”

“It looks like you were preparing for Armageddon,” Punch told Hollenbeck. “That’s why I’m setting bail where I’m setting it.”

Hollenbeck faces numerous charges, including one count of second-degree burglary, one count of fourth-degree grand larceny for stealing firearms, three counts of defacing weapons, three counts of criminal possession of a weapon in the third degree, nine counts of criminal possession of stolen property in the fourth degree and five counts of criminal sale of a firearm in the second degree.

Bischoff was arraigned in County Court last week on four counts of criminal possession of stolen property in the fourth degree and two counts of criminal sale of a firearm in the second degree.

ALBION – A jury acquitted two business owners of arson on Friday in a trial that lasted more than a week in Orleans County Court.

David Wright, 32, and Sara Harris, 31, were charged with third-degree arson and fourth-degree criminal mischief. The Holley residents faced up to 15 years in state prison.

They owned The Shop, a tobacco-related business at 158 Hamilton St. The site burned on Aug. 13, 2012. The building suffered extensive water and fire damage. Wright and Harris were accused of setting the fire for insurance money.

But a jury of their peers decided the fire, which started in the building’s office, wasn’t set by the business owners.