NORWICH – For the second time in less than two weeks, a convicted felon granted furlough tested positive for an illegal substance, adding another year to an already agreed-upon state prison sentence.
On Oct. 3, accused cocaine trafficker Richard D. Tyler was sentenced to five years in state prison after he tested positive for Oxycotin, an opiate-based, over the counter prescription pain medication. Eleven days later, 24-year-old Anthony R. Botte Jr. was sentenced to six years in state prison, following a positive test for marijuana just days after he was granted a one week furlough.
In 2010, Botte was arrested for an armed hold-up of the Bainbridge Great American. On Oct. 7 of this year, he pleaded guilty to first degree burglary, a class B felony. The furlough, according to defense attorney Frank Revoir, was requested in order to allow Botte a chance to spend some time with his two small children, ages three and one, as well as his family.
Chenango County District Attorney Joseph McBride reminded the court that Botte had committed armed robbery and said he was sure of the court’s, Botte’s family’s and his lawyer’s disappointment in failing to accept the limits of his furlough. There must come a time, however, when Botte “grows up,” said McBride, who added Botte was “not going to prison for the rest of his life” due to his young age.
If Botte “doesn’t give up the dope” and his criminal activities, said the district attorney, “I will put him away for the rest of his life.”
Revoir stressed that his client had been cooperative from the very beginning, had not fled the area when granted furlough and had stayed with his family as he said he would. At that time, Botte had no statement.
Judge W. Howard Sullivan reminded Botte of his plea deal of five years in state prison, versus the maximum of 25 years, and his promise that, if furlough was violated, he could face an increased sentence.
“What did you do? You smoked some pot,” said Sullivan, who accused Botte of deliberately using his children to convince the judge to grant furlough. “That little hit of pot cost you a year of your life ... how stupid.”
Revoir said Botte had informed him he had quit using marijuana a week prior to his furlough, but had consumed it regularly while incarcerated at the Chenango County Correctional Facility. Therefore, added Revoir, marijuana was still present in his client’s system when tested.
Said Sullivan, “There’s no way to know if your story is true ... if you’re smoking pot up there, there should be punishment for that as well.”
Revoir said he could not advise his client to sign a waiver appeal – part of the original plea deal – if Botte’s sentence was increased to six years. In response, McBride stated it was of utmost importance for Botte to accept responsibility for his actions. If he did not sign the waiver as agreed upon, McBride asked the court to sentence Botte to 10 years in state prison.
“If he’s not going to be responsible, he needs to suffer very serious consequences,” added the district attorney.
Following a short recess, Revoir again announced his client’s denial of smoking marijuana while on furlough and asked the court to sentence his client to the agreed-upon five years in state prison. Botte, he added, was willing to sign the waiver of appeal if that were to happen.
Ultimately, Sullivan sentenced Botte to six years in state prison with five years of post-release supervision. He must also pay approximately $2,500 in restitution following his release.
“If you get involved with the criminal world while you’re in jail, you’re going to pay the price,” added Sullivan.