The Journal Register (Medina, NY)

September 6, 2013

Man charged with attempted murder

Medina Journal-Register

Medina Journal-Register — A Kendall man has been charged with attempted murder in the second degree after a traffic stop in the Town of Yates on Wednesday evening.

According to reports from the State Police, Trooper Dan Metz was dispatched to State Route 18 in Yates to find a suspicious vehicle being erratically operated. Upon finding the vehicle, Metz attempted to effect a traffic stop.

The vehicle, driven by Carlos J. Botello, 42, did not stop immediately, leading to a brief pursuit. Eventually, the vehicle pulled over and Metz cautiously approached the vehicle. Botello allegedly looked back at Metz, put the vehicle in reverse, and accelerated directly at him.

Metz avoided the vehicle, and Botello reportedly continued past him and struck the State Police vehicle before fleeing the scene.

Metz pursued the suspect vehicle until it entered a farmer’s field and became disabled.

Metz took the suspect into custody without further incident and transported him to Albion, where Orleans County District Attorney Joe Cardone was consulted and recommended the charge of attempted murder in the second degree.

Trooper Victor Morales, State Police Public Information Officer, said Botello is also facing charges of driving while intoxicated with a .11 blood alcohol content, unlawful fleeing of an officer in the third degree, along with several other vehicle and traffic law violations. He said State Police conferred with Cardone because of the severity of the incident before the attempted murder charge.

“(Metz) said it was definitely intentional,” Morales said. “There was intent to run him down.”

Cardone said the attempted murder charge was decided upon because of the intent. “We don’t feel it’s reckless; it’s intentional,” he said.

Cardone added, “If not for the evasive move of the trooper, he’d have been killed. It’s not like the guy was throwing a punch; he smashed into a car.”

As the investigation into the incident continues, Cardone said the attempted murder charge could possibly be upgraded. He also noted that Botello was on parole.

Botello was arraigned in Yates Town Court and remanded to the Orleans County Jail on $250,000 bail. He will appear in court again at a later date.

Journal-Register reporter Howard Balaban contributed to this story.