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.

ALBION – A Holley man who pleaded guilty in November to criminal possession of stolen property and insurance fraud was sentenced to one to three years in state prison today, despite a request for probation from his attorney.

Jeffrey Paul, 40, apologized for his actions, when he teamed with his father David Paul to allegedly steal two backhoes, a box truck and a car. They admitted to burying some of it on David Paul’s property on the Monroe-Orleans Countyline Road.

Although he said he was influenced by his father to commit the crimes, “I have nobody to blame but myself,” Jeffrey Paul said at his sentencing.

His father was sentenced to a year in jail in January 2013. Jeffrey Paul’s case was delayed after he was sent to a psychiatric facility, which postponed his trial. He also switched attorneys before the trial was due to start. He pleaded guilty in November.

“I’ve never been more ashamed or embarrassed in my life,” Paul said in court today. “I haven’t been able to hold my head up high.”

He apologized for letting down his wife and two “wonderful stepchildren.”

Paul was treated for lung cancer after he was arrested. His attorney Larry Koss said an MRI has shown a new mass. He asked Judge James Punch to let Paul avoid prison and instead serve probation. Paul wants to try an experimental treatment.

District Attorney Joe Cardone sought incarceration for Paul.

Punch said Paul has convictions for crimes dating over two decades, “a long history involving fraud, theft, deception and lying.” To avoid prison would be “irresponsible,” Punch said.

He sentenced Paul to state prison, and ordered him to pay $41,650 in restitution. He gave Paul four years to pay that off. If it’s not paid, Paul could have another year added to his sentence, Punch said.

“You’ve clearly worked your way up to state prison with this one,” Punch said.

Press release, U.S. Attorney William Hochul

BUFFALO – Linda Rakonczay, 58, of Middleport, pleaded guilty to wire fraud and filing false tax returns on Wednesday. She appeared before Chief U.S. District Judge William M. Skretny. The charges carry a maximum sentence of 20 years in prison, a $250,000 fine, or both.

Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that the defendant worked as a payroll coordinator for Orleans Community Health in Medina.

Beginning in 2001 and continuing through 2012, Rakonczay prepared and submitted reports to the organization’s bank instructing the bank to electronically transfer money from the corporate bank account to her personal bank account.

The amount transferred from the organization’s bank account to the defendant’s account totaled $499,563.00. For tax years 2007 through 2012, Rakonczay failed to report such income and failed to pay federal taxes to the Internal Revenue Service totaling nearly $94,000.00.

The conviction is the result of an investigation on the part of Special Agents of Federal Bureau of Investigation under the direction of Special Agent-In-Charge Brian P. Boetig and the Internal Revenue Service, Criminal Investigations Division, under the direction of Toni M. Weirauch, Special Agent in Charge.

Sentencing is scheduled for May 5 before Chief Judge Skretny.

ALBION A Medina man pleaded guilty to breaking into a house on Mill Road in Ridgeway on June 13, and taking guns and defacing them.

Christopher Hollenbeck, 27, could be sentenced to 2 to 7 years in state prison for the crimes. Orleans County Court James Punch could decide a lesser sentence of jail and probation. Hollenbeck will be sentenced March 31.

He has no prior record. Punch reduced the bail from $100,000 to $10,000 at Hollenbeck’s attorney’s request. Shirley Gorman, Hollenbeck’s lawyer, said Hollenbeck helped police locate the guns and has been cooperative.

Hollenbeck told the judge he used a credit card to break into the Mill Road home. His girlfriend Rebecca Bischoff, 26, of Medina drove him to the site and allegedly helped him sell the defaced guns. Her case is going through the court system. She faces 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.

Hollenbeck pleaded guilty today to second-degree attempted burglary and third-degree criminal possession of a weapon.

He faced 24 counts, including burglary, grand larceny, defacing weapons, criminal possession of stolen property and criminal sale of a firearm.

He is accused of taking nine guns, including several hand guns. He admitted in court today he took a .45 Glock pistol and scratched off the serial numbers so he could hide the theft.

ALBION – A 26-year-old man pleaded guilty in Orleans County Court to helping his mother sell hydrocodone and acetaminophen, a narcotics combination.

Josh Nichols could face up to 2 ½ years in state prison after pleading guilty on Monday to criminal possession of a controlled substance in the fifth degree. The judge may decide against state prison and could sentence Nichols to up to a year in the county jail or a lesser sentence.

Judge James Punch will sentence Nichols on March 24 at 2 p.m.

Nichols told the judge he collected money for the hydrocodone combination for his mother, Theresa Nichols. Her son had the drugs on a porch in Albion at 209 North Main St. and directed the buyer to the product.

Theresa Nichols last month pleaded guilty to attempted criminal sale of a controlled substance in the third degree. Nichols, 51, could face up to four years in state prison for selling hydrocodone and other prescription narcotics. She will be sentenced on Feb. 24.

Another one of her sons, David Nichols, also pleaded guilty on Dec. 16 to criminal possession of a controlled substance in the fifth degree. Nichols, 28, admitted to trying to sell prescription narcotics that were rolled into cigarettes.

He could face 1 ½ to 4 years in state prison as a second-felony offender. He will be sentenced on Feb. 10.

In other cases in County Court:

• Kenneth Vanduzer, 25, of Rochester pleaded guilty to petty larceny. He was originally charged with third-degree grand larceny after he took his truck from Orleans Ford in Medina following $11,000 in repairs he didn’t pay for in November 2012.

The charge was reduced after Vanduzer paid restitution. He has no prior criminal history.

• Syed Baity, 19, of 221 Commercial St. in Medina was sentenced to 1 to 3 years in state prison after he violated probation in June 2013.

Baity and two other teen-agers were in a stolen vehicle when they were involved in a high-speed chase in Batavia with city police. Baity was charged with fourth-degree criminal possession of stolen property, second-degree obstructing governmental administration and unlawful possession of marijuana.

Judge Punch recommended shock camp for Baity’s incarceration.

• Alexander Gelo, 22, of Brockport pleaded guilty to criminal possession of a controlled substance in the fifth degree. He could be sentenced to up to six months in jail and five years probation for selling cocaine in Murray on Dec. 1, 2012. He will be sentenced on March 24.

• Jorge Villanueva-Ledesma, 34, of Zig Zag Road pleaded guilty to criminal possession of a controlled substance in the fifth degree. He was among 13 people arrested on various drug and immigration charges in June after an eight-month, multi-agency investigation into the sale of drugs in the Albion area.

Villanueva-Ledesma could be sentenced to up to 2 ½ years in state prison on March 24.

Publio Barcenas, 52, of Zig Zag Road also was charged in that investigation. He pleaded guilty on Monday to seventh-degree criminal possession of a controlled substance and could be sentenced to up to a year in jail.

Kendall man shot wife and set house on fire

ALBION – A Kendall man who shot his wife and set his house on fire was sentenced to 15 years in state prison today for second-degree attempted murder and third-degree arson.

Dennis Buehler, 64, is a sociopath who is profoundly self-centered, Orleans County Court Judge James Punch said during sentencing.

“You are an extremely evil person,” Punch told Buehler.

Buehler declined to speak during the sentencing. In court on Nov. 18, he said he shot his wife Linda with a shotgun on March 4.

“Your intent was to kill her?” Punch asked Buehler in court that day.

“Absolutely,” he replied.

After she was shot in the shoulder, Mrs. Buehler then fled the house, which Buehler then set on fire with propane. The house at 923 Peter Smith Rd. was destroyed by the blaze.

Buehler has told his attorney, public defender Sanford Church, that Mrs. Buehler psychologically abused him. Church said that in court today, but said Buehler chose not to use self defense for the crime.

District Attorney Joe Cardone said Buehler has shown no remorse for his criminal actions.

“This is a very violent individual,” Cardone said in court today. “This is a very self-centered individual.”

The DA said Buehler has “shown nothing but arrogance” through the whole court process.

“I frankly believe if given the opportunity he would do it again,” Cardone told the judge.

Buehler was sentenced to 15 years in state prison for second-degree attempted murder and five to 15 years for third-degree arson. The sentences will run concurrently, the length of the longest sentence.

“It’s frustrating I can’t sentence you to more,” Punch said.

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.

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.

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.

(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.