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.

Brenton Poole could get 5 years in state prison

ALBION – A Medina man pleaded guilty in Orleans County Court today to attempted criminal possession of a controlled substance in the third degree, a charge that could result in up to five years in state prison.

Brenton Poole faced a maximum of 1 1/3 to 8 years in state prison. His plea deal sets the maximum punishment at five years. If County Court Judge James Punch sentences Poole to more than five years, Poole can withdraw his guilty plea and go to trial.

He was arrested on Feb. 12 along with two other Medina residents after a year-long investigation into the sale and distribution of crack cocaine and marijuana in the villages of Medina and Albion, according to the Orleans County Major Felony Crime Task Force.

Poole, 28, admitted in court today he had cocaine in his closet at his home on 746 Church St. The drug was discovered in a search by police. A lab report confirmed it was cocaine and weighed 1.08 ounces.

Poole is a second felony offender. Punch set $5,000 bail for Poole, who has attended all of his previous court appearances.

In other cases in county court:

Tracey Stratton, 51, of Vermont was sentenced to a year in county jail for criminal possession of a controlled substance in the fifth degree.

Stratton admitted in court she mailed a controlled substance, the drug buprenorphine, to her son, who was an inmate at the Orleans Correctional Facility. She mailed the drug on Dec. 20, 2012. She faced a maximum of 2.5 years in state prison for the charge. She apologized in court for her actions.

“I’m sorry for the crime that I did and I know it was wrong,” she said.

Her son, Jason Seifert, 28, has pleaded guilty to promoting prison contraband when he received the controlled substance from his mother. Seifert could face another year in jail, plus three years probation when he is sentenced.

A Murray man admitted in court he exchanged lewd images with a 13-year-old girl.

Damien Jost, 19, of Ridge Road said in court he had online chats with a 13-year-old girl. He sent her a nude photo of himself and received nude photos of the girl.

He could face a maximum of 2 ½ to 7 years in state prison or the sentence could be a maximum of 1 1/3 to 4 years in state prison if he is granted youthful offender status.

He will be sentenced on June 30.

An Albion man pleaded guilty to second-degree attempted burglary, petty larceny and violation of probation, which could result in a maximum sentence of 3 to 7 years in state prison.

Kyle Depoty, 23, of Albion faces charges of third-degree robbery for allegedly stealing a camera, camcorder and cigarettes from an Eagle Harbor home on Dec. 4. He admitted in court he broke into the house to steal the items.

He pleaded guilty to petty larceny for allegedly taking items from the Albion Wal-Mart on Dec. 8. He admitted in court he took two GPS devices from Wal-Mart.

He also faces probation violation charges.

He will be sentenced on June 30. He remains in county jail without bail.

A former Orleans County resident pleaded guilty to fourth-degree welfare fraud and could be sentenced to 1 1/3 to 4 years in state prison on July 14.

Otis Hardy admitted in court he was living in Florida while collecting $6,297 in local welfare benefits from June 1, 2012 to Dec. 1, 2012. Hardy said he was in Florida helping to care for his mother, who is now deceased.

ALBION – A Brockport man was sentenced to 1 ½ years in state prison on Monday after he was arrested for selling cocaine in Murray on Dec. 1, 2012.

Alexander Gelo, 22, of Brockport pleaded guilty in January to criminal possession of a controlled substance in the fifth degree. He withdrew that plea last week when Orleans County Court Judge James Punch said the sentence would be longer than six months in jail.

Gelo on Monday reaffirmed his guilty plea and accepted the 1 ½ year sentence.

“I’m taking full responsibility for everything I did,” he told Punch.

The judge said he would recommend “shock camp,” a military style alternative for Gelo, but that decision will be up to the state Department of Corrections.

“This is your last chance to straighten out,” Punch told Gelo. “You need discipline. Find it. If you don’t, you’ll just be a mess.”

The judge also sentenced an Albion resident to weekends in jail for the next six months. Publio Barcenas, 52, of Zig Zag Road pleaded guilty in January to seventh-degree criminal possession of a controlled substance. He faced up to a year in jail.

Barcenas is a first-time offender with a full-time job at a local farm. He was arrested in June when law enforcement charged 13 people with drug crimes. Barcenas admitted in court he had cocaine in his possession.

ALBION A Medina man was sentenced to three years in state prison today for taking guns and defacing them. His girlfriend received two years in state prison for selling a stolen gun.

Christopher Hollenbeck, 27, admitted in Orleans County Court on Jan. 13 that he broke into a house on Mill Road in Ridgeway on June 13. He pleaded guilty to second-degree attempted burglary and third-degree criminal possession of a weapon.

Hollenbeck helped police locate the guns and has been cooperative with law enforcement, said his attorney Shirley Gorman. He faced a maximum of seven years in state prison.

The crimes were serious and warranted a sentence in state prison, Judge James Punch told Hollenbeck today.

The stolen guns could have ended up in the hands of a “murderer or a low-life,” the judge said.

Hollenbeck said he regretted his actions and he is thankful no one was hurt.

Punch said Hollenbeck invaded the privacy of the victims and took their hard-earned property. The judge issued an order of protection for the victims.

“This is a serious big-time crime,” Punch said.

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. She pleaded guilty on Jan. 27 to third-degree criminal sale of a firearm.

She was sentenced to two years in state prison today. She faced a maximum of 2 1/3 to 7 years in state prison.

Bischoff apologized to the court and the community for her “irresponsible actions.”

Her attorney Nathan Pace said she has battled a heroin addiction and has been receiving help through the jail and the Genesee-Orleans Council of Alcoholism and Substance Abuse. He asked for a local jail sentence that would include weekends.

Punch said the crime “was too serious for probation.” He said Bischoff was well aware of her role in the crimes.

“This is a very serious criminal act,” he said.

Hollenbeck and Bischoff were each ordered to pay $500 in restitution.

Albion man arraigned in county court for burglary

ALBION – A Rochester man stopped with cocaine and a switch-blade knife in Clarendon in August pleaded guilty in county court and could be sentenced to 2 ½ years in state prison.

Juan Gonzalez, 36, of North Union Street was stopped by state police in Clarendon on Aug. 16. Gonzalez had cocaine in the vehicle, which he said he intended to trade for a gun. He also had a switch-blade knife which is illegal.

He pleaded guilty to criminal possession of a controlled substance in the fifth, which carries a maximum sentence of 2 ½ years. He also pleaded guilty to criminal possession of a weapon in the fourth degree, which carries a maximum sentence of a year in prison. That sentence could run at the same time as the CPCS charge.

Orleans County Court Judge James Punch will sentence Gonzalez at 2 p.m. on June 16.

In another case in county court on Monday, a 19-year-old Albion man was arraigned for an August burglary at Robinson’s Redemption Center in Albion.

Hayden K. Ettinger of  East Academy Street was arraigned on charges of third-degree burglary and petit larceny. He was sent to jail on $1,500 bail.

Ettinger also has been charged with an October burglary in Oakfield on Lockport Road. In that case he was charged with third-degree burglary and unlawful possession of marijuana.

ALBION – Orleans County Court Judge James Punch sentenced five people to at least a year in county jail or state prison on Monday for various drug crimes.

Joshua Nichols, 26, of Albion was sentenced to a year in jail for selling prescription narcotics. He was arrested on Oct. 1 for selling drugs in Albion with his mother and brother. Police said the three were selling hydrocodone and tramadol pills, which were prescribed to the mother.

Nichols’ mother Theresa Nichols was sentenced on Feb. 24 to 3 ½ years in state prison for selling prescription narcotics. Her son David, 28, was sentenced to three years in state prison on Feb. 10.

Joshua Nichols was charged after a single drug sale. His attorney, Larry Koss, asked the judge for a split sentence, where Nichols could work full-time and spend weekends in jail. But Punch said Nichols has a prior criminal history.

“State prison is not quite appropriate, but it’s close though,” Punch said during sentencing.

An Elba man was sentenced to a year in jail despite his attorney’s request for no jail time.

Edgardo Aponte, 41, of Hundredmark Road pleaded guilty to attempted criminal sale of a controlled substance in the third degree for selling cocaine in May.

Aponte has no prior criminal history. He apologized to the community and his family for selling drugs.

Punch said Aponte sold the drugs on multiple occasions, and is “responsible for spreading misery in the community.”

Jose Gallegos-Gonzalez, 56, of Hamlin was sentenced to two years in state prison. Last June he was charged with four counts of criminal sale of a controlled substance in the third degree.

Gallegos-Gonzalez has a prior criminal history with multiple charges for driving while intoxicated, Punch said. Deportation proceedings have started against Gallegos-Gonzalez.

“You’ve been endangering people on the highways with multiple DWIs and now you’re endangering the community with drugs,” Punch said.

Jorge Villanueva-Ledesma, 34, of Zig Zag Road in Albion was sentenced  to a year in state prison. Last June he was charged with nine counts of criminal sale and nine counts of criminal possession of a controlled substance in the third degree.

Through an interpreter, Villanueva-Ledesma said he has struggled with using drugs. He asked for forgiveness.

The judge said Villanueva-Ledesma was “fully involved” in several drug sales, and profiting from the transactions.

Rudolfo Juarez-Ramerez, 30, of Lakeshore Road in Kendall was sentenced to a year in the county jail. He was charged in June with one count of criminal sale and one count of criminal possession of a controlled substance in the third degree.

In another drug case, Punch said he would sentence Alexander Gelo, 22, of Brockport to up to a year and half in state prison.

Gelo in January pleaded guilty to criminal possession of a controlled substance in the fifth degree. He was able to withdraw that plea if his sentence exceeded six months in county jail.

Punch said he wouldn’t agree to a six-month sentence.  Gelo was arrested after allegedly selling cocaine in Murray on Dec. 1, 2012.

Gelo can either accept the 18-month sentence or face trial. He is scheduled to appear in court at 2:30 p.m. on March 31.

ALBION – A Rochester man who was sentenced to 15 years in state prison on March 3 for robbing a bank in Albion was back in Orleans County Court today.

Jeremy Rothmund was arraigned for second-degree assault, a charge that could result in seven more years to his prison sentence.

While an inmate in the county jail, he allegedly injured a corrections officer on Oct. 16. Rothmund is represented by the public defender’s office. He entered a not guilty plea today.

Orleans County Court Judge James Punch arraigned Rothmund, who is now an inmate at the Elmira Correctional Facility. He is due back in county court April 7 for his next court appearance.

Rothmund, 30, admitted in previous court appearances he robbed the Bank of America on July 2. He said he was trying to feed a heroin addiction.

Albion woman faces charge of second-degree arson

ALBION – A Medina man was arraigned in Orleans County Court on Monday for first-degree sexual abuse. Patrick E. Sewar, 22, of Knowlesville Road was arrested Dec. 13 for sexually abusing a child under the age of 11 in the town of Shelby.

He also is accused of molesting another child at Darien Lake on June 24. He has pending sexual misconduct charges stemming from a third incident in Ridgeway.

Sewar was arraigned by County Court Judge James Punch and sent to jail on $5,000 bail. The judge assigned the public defender to represent Sewar, who is due back in court on May 31.

In other cases in county court:

An Albion woman was arraigned on charges of second-degree arson and fourth-degree criminal mischief after allegedly setting a fire at a Beaver Street house in the village on Aug. 16.

Crystal McGuire, 21, lives on West Lee Road. She was placed in jail on $10,000 bail.

Cody Gillette, 24, of East State Street pleaded guilty to driving while ability impaired by drugs, attempted forgery in the second degree and aggravated unlicensed operation of a motor vehicle. He faces a maximum of 1 to 3 years in state prison when he is sentenced on June 9.

Gillette, who has a prior DWI, said in court he was driving on June 16 after consuming opiates and using marijuana. He also admitted to forging a check on June 26.

Lidio Ramirez-Figueroa, 35, of 14691 Zig Zag Rd. in Albion was sentenced to a year in state prison. He pleaded guilty to fifth degree criminal sale of a controlled substance. He admitted to selling cocaine on Nov. 9, 2012 at a house on Densmore Road.

Jose Guitierrez-Ramirez, 53, of Batavia was sentenced to a year in county jail. He pleaded guilty to driving while intoxicated and aggravated unlicensed operation of a motor vehicle. He was charged on Sept. 14 after being stopped in Albion.

Beau Bettilyon, 28, of Hamlin was sentenced to three months in county jail, five years of probation and also had his driver’s license revoked for a year. Bettilyon pleaded guilty to DWI on June 2, when he was stopped on Oak Orchard Road in the town of Gaines. He has a prior DWI.

ALBION – A Shelby man was sentenced to 12 years in state prison today for sex crimes against four young boys.

Gerald L. Wolter, 37, of Freeman Road was given the maximum sentence as part of a plea deal on Dec. 23.

“If you can repent and reform that is up to you,” Orleans County Court Judge James Punch said when he sentenced Wolter. “My job is to protect the public from you.”

Wolter did not have intercourse with the boys, but made contact with them, according to statements in court on Dec. 23. Wolter confessed to the crimes, which occurred between January and May 2013. He pleaded guilty to first-degree attempted criminal sexual act, and four counts of endangering the welfare of a child.

Wolter wants to apologize to the victims and society, said his attorney, Nathan Pace.

“He truly has shown remorse,” Pace said during the sentencing.

Punch said Wolter hasn’t shown remorse and has a “natural arrogance.” The judge commended the courage of the victims to press charges against Wolter.

“My concern is you will keep doing this,” Punch said. “You left a trail of young kids who were brave enough to come forward.”

Wolter’s sentence also includes 15 years of post-release supervision when he is out of prison.

Wolter also faces child molestation charges for sexually assaulting two boys in Niagara County. The Niagara County Court is handling that case.

ALBION – The woman who admitted to driving the getaway car during a bank robbery in Albion last July 2 was sentenced to five years in state prison today.

Elyse A. Hoffer, 22, of Rochester apologized in court to the Bank of America employees, her family and the community.

Hoffer was the girlfriend of Jeremy J. Rothmund, who robbed the Bank of America on July 2. Rothmund went into the bank with a false bomb. He robbed the bank of $18,000. He was sentenced to 15 years in state prison last week.

Hoffer in December pleaded guilty to first-degree robbery.  She had the getaway car behind Freeze-Dry Foods near the railroad tracks. The couple was spotted by an Albion resident who gave the vehicle ID to police. The two were stopped and arrested in Holley.

Hoffer in December pleaded guilty to first-degree robbery.

In other cases in county court today:

Alejandro Mendoza, 28, was sentenced by Judge James Punch to five more years in state prison for assault. Mendoza was an inmate at Orleans Correctional Facility when he allegedly used a razor to slash the neck, stomach and finger of another inmate.

That inmate needed 12 stitches for his neck and five stitches for his cut finger, the District Attorney’s Office stated.

Mendoza is currently in Southport Correctional Facility in Pine City. He is a Mexican citizen without legal documents to be in the United States, the DA’s Office said.

Jairo Chavez was sentenced to two years in state prison for two counts of third-degree rape. Chavez was living in Orleans County as a farmworker when he allegedly twice had sex with a 15-year-old girl who became pregnant. Chavez was 26 at the time. He also is a prior felon.

After prison, Chavez will be subject to 15 years of post-release supervision.