ALBION – The attorney for a woman arrested in June on several drug charges told a judge the search warrant used was based on “stale” evidence.

Shirley Gorman, the attorney for Patricia Nava-Chavez, said law enforcement shouldn’t have searched her bedroom back in June when she was arrested along with seven other people, including her husband, Felix Onofre-Rojas. (Click here for a previous article.)

They lived in Albion at 14691 Zig-Zag Rd. Gorman said investigators observed Onofre-Rojas making drug sales from the location in December 2012 and February 2013. Another person also was witnessed making a drug sale from the house in November 2012, Gorman said in court on Monday.

However, by June 2013, when Albion Town Justice Gary Moore approved a search warrant for the entire house, Gorman said there was no probable cause to search Nava-Chavez’s bedroom. Gorman called the warrant “ambiguous.”

District Attorney Joseph Cardone said law enforcement reported there were 13 drug sales from that location. Onofre-Rojas, 61, admitted in court in August to selling cocaine from the site. He is to be sentenced Oct. 28 for a driving while intoxicated charge from May 4. He could face up to four years in state prison for that charge, his second DWI.

Police believe his wife Nava-Chavez, 44, was an accomplice in the drug sales, but Gorman told Judge Punch she wasn’t involved in that activity.

Punch said he would review the grand jury testimony and could schedule a hearing about whether evidence seized during the search of the house will be admissible.

Cardone also said there is surveillance video of the house that shows Nava-Chavez was involved in the drug sales.

Punch set a court date for 3 p.m. Oct. 21 to again discuss whether evidence from the search warrant can be used in court.

ALBION – A Carlton man pleaded guilty in Orleans County Court today to sexual contact with two under-age children and also possession of child pornography.

Timothy Shay, 49, pleaded guilty to two counts of sexual abuse in the second-degree. Each charge carries up to a year in jail, plus 10 years of Probation. The charge of possessing an obscene sexual performance by a child carries a sentence of 1 1/3 to 4 years in state prison.

Shay could receive consecutive sentences, which would increase his time behind bars, because he is being sentenced for three different crimes. He will be sentenced on Sept. 29.

In court today, he said had sexual contact with two different under-age girls in 2012. Shay first told Judge James Punch the contact was “accidental,” but then said he did it on purpose for his own gratification.

In other cases today, a Medina man pleaded guilty to attempted robbery in the third degree for an incident on March 15.

In court William Cruz, 41, said he punched a customer outside the VFW in Medina and then took $200 from the victim. He will be sentenced on Dec. 16 and could face up to a year in jail and five years on probation.

Cruz has been in jail on $100,000 bail. He has two prior felonies and nine misdemeanors.

An Albion man was arraigned on robbery. Morris M. Taylor, 23, of 239 East State St. allegedly was armed with a knife and robbed a pizza delivery person outside Mark’s Pizzeria in Albion on Feb. 28.

After the robbery, Taylor allegedly left the area with $300. Surveillance was used by law enforcement to locate Taylor in the town of Batavia, where he was taken into custody on May 28. He is out of jail on $2,000 cash bail.

Botello

ALBION – A Kendall resident accused of attempted murder of a state trooper pleaded not guilty to the crime when he was arraigned in Orleans County Court today by Judge James Punch.

Carlos J. Botello, 42, 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 bail would continue to be set at $2.5 million. Punch raised the bail from $250,000 to $2.5 million last month.

Punch today assigned Nathan Pace from the Public Defender’s Office to represent Botello, whose next scheduled court date will be 3 p.m. on Oct. 21.

Botello has allegedly twice attempted to harm law enforcement officers. The previous incident occurred in 1994 when Botello fired six rounds into the home of a deputy who lived in Kendall.