McAlester News-Capital, McAlester, OK

Local News

December 26, 2013

"Incompetent" McAlester man arrested for rape of 5-year-old

McALESTER — An “incompetent” McAlester man released after being charged with raping a 5-year-old girl was arrested and put back into jail Monday.

Monday’s arrest of Bruce Lee Montes, 25, was his second  on charges of raping a 5-year-old girl.

He was being held in the Pittsburg County Jail as of Thursday on a $150,000 bond, according to Pittsburg County Sheriff Joel Kerns.

Court records state that as a condition of his bond, he is not to have contact with minor children.

On March 21, Montes was arrested and pleaded not guilty in Pittsburg County District Court to one felony count of first-degree rape and one felony count of lewd or indecent acts to a child younger than 16, court records state.

His bond was set at $150,000 and he was not allowed to have contact with the victim, court records state.

After a competency hearing in November, the charges and court costs were dismissed after the court ruled Montes was incompetent and would not be able to attain competency. The dismissal was made at the request of Montes’ defense attorney with no objection from prosecutors with the district attorney’s office.

The case was reopened this month after a News-Capital report on the hearing revealed Montes had been charged in a similar case.

In May 2006, Montes, then 17, was charged with molestation and lewd acts to three children, ages 5, 9, and 13. Those charges were also dismissed.

District 18 District Attorney Farley Ward said once he became aware of the outcome of the hearing, he filed a motion asking the court to reevaluate the findings. The motion alleges Montes is dangerous and should be committed to a mental health facility and the charges should not have been dismissed.

“A mistake was made,” according to the motion filed in Pittsburg County District Court on Thursday by the District 18 District Attorney’s office.

Ward said the judge the case made the ruling because the State did not object to the motion to dismiss.

“The counsel for the State should have requested the Court to proceed with case ... ,” the motion states.

Ward said the prosecutor representing the District Attorney’s office at the hearing, Chuck Sullivan, has since resigned from the office.

“The defendant moved for the dismissal based on the evaluation conducted by Dr. Curtis Grundy a licensed psychologist who found that the defendant was incompetent and likely would not attain competency,” the motion states.

“The motion to dismiss should have been objected to by the State in accordance with (the law) ... so that the Court could overrule the motion to dismiss pursuant to the (law).”

Montes is dangerous, according to the definition found in the law, the motion states.

The motion asks the court to reevaluate the decision based on the law and to enter an order finding Montes as “incompetent by reason of mental retardation; that he is not likely to attain competency... that he is dangerous” in accordance with the law and the findings of Dr. Grundy.

The court motion also asks Montes be committed to the Office of Public Guardian or the Department of Mental Health and Substance Abuse Services for future care and treatment.

According to the most recent allegations, McAlester police were called by the child’s mother in March after the child told another adult that she had been inappropriately touched.

The child’s mother provided Montes’ name as an “alleged perpetrator,” court records allege.

According to the court records, Montes was a roommate of the child’s uncle and the two babysat the child a few times a week.

Court records state that a child abuse medical examiner confirmed the child had been sexually abused.

According to court records, the November competency hearing was set to determine such issues as if Montes was able to appreciate the charges against him, if he was able to consult with a lawyer, if he was mentally retarded and whether (Montes) would be “presently dangerous if released.”

A working number for Montes could not be found.

A preliminary hearing conference is set for Jan. 3 at 9 a.m. in Pittsburg County District Court.

Contact Jeanne LeFlore at jleflore@mcalesternews.com.

1
Text Only | Photo Reprints
Local News
  • 07 30 SOUTH AVE 1.jpg 'Road Closed' means just that

    No road.
    No kidding.
    For months, signs placed along South Avenue and Country Club Road read “Road Closed Ahead” — although the roads were still open.

    Now though, the “Road Closed Ahead” signs on South Avenue, along with those on Country Club Road and Peaceable Road, mean exactly what they say.

    July 30, 2014 1 Photo

  • Square logo.jpg City extends 17th Street construction deadline to mid-September

    A Stillwater company working on the Seventeenth Street Capital Improvement Project for the city of McAlester now has until mid-September to complete the job.

    July 29, 2014 1 Photo

  • Devin Mitchell McAlester man facing rape charges has hearing date set

    A preliminary hearing date has been set for a man who is facing charges of rape in the first degree (victim under age 14) and sodomy, victim under the age of 16.

    July 29, 2014 1 Photo

  • comish County to decide on liquor sales

    They’re ready to give the voters a shot.

    July 29, 2014 1 Photo

  • comish Election set to decide Sunday sales of liquor by the drink

    They’re ready to give the voters a shot.
    Pittsburg County commissioners have called a Nov. 4 Special Election date for voters to decide if they want to approve the sale of liquor by the drink on Sundays.

    July 29, 2014 1 Photo

  • Randy Green Judge rules in Green case

    A Pittsburg County judge has ruled the city of McAlester acted improperly in amending former City Manager Randy Green’s retirement plan to eliminate an “additional benefit” of $1,764.49.

    July 29, 2014 1 Photo

  • Road closed ROAD CLOSED

    July 29, 2014 1 Photo

  • mhrc Okla. State student observing at MRHC

    An Oklahoma State University student is observing at McAlester Regional Health Center as part of the rural medicine track offered at the university.

    July 29, 2014 1 Photo

  • CHRIS-MORRIS-2.jpg Detective's Dispatch

    The McAlester Police Department responds to domestic violence calls on a daily basis. Many times when our officers arrive, we get very little cooperation.

    July 28, 2014 1 Photo

  • lungdoctor.png Hospital hires lung specialist

    McAlester has a new lung doctor, the first since 2008.

    July 28, 2014 1 Photo

Seasonal Content
AP Video
Obama Chides House GOP for Pursuing Lawsuit New Bill Aims to Curb Sexual Assault on Campus Russia Counts Cost of New US, EU Sanctions 3Doodler Bring 3-D Printing to Your Hand Six PA Cops Indicted for Robbing Drug Dealers Britain Testing Driverless Cars on Roadways Raw: Thousands Flocking to German Crop Circle At Least 20 Chikungunya Cases in New Jersey Raw: Obama Eats Ribs in Kansas City In Virginia, the Rise of a New Space Coast Raw: Otters Enjoy Water Slides at Japan Zoo NCAA Settles Head-injury Suit, Will Change Rules Raw: Japanese Soldiers Storm Beach in Exercises Raw: Weapons Fire Hits UN School in Gaza Raw: Rocket Launches Into Space With Cargo Ship Broken Water Main Floods UCLA Two Women Narrowly Avoid Being Hit by Train Crayola Announces Family Attraction in Orlando
NDN Video
Heartwarming 'Batkid Begins' Documentary is Tear-Jerker Sadie Doesn't Want Her Brother to Grow Up Chapter Two: Designing for Naomi Watts Broken Water Main Floods UCLA "Maxim" Hotness! See Jessica Alba's Sizzling Spread Two women barely avoid being hit by train Orlando Bloom and Justin Bieber Reportedly Came To Blows In Ibiza Meet the Man Behind Dumb Starbucks Chris Pratt Adorably Surprises Kids at a 'Guardians of the Galaxy' Screening NOW TRENDING: Peyton Manning dancing at practice "The Bachelorette" Makes Her Decision Thieves pick the wrong gas station to rob Golden Sisters on '50 Shades' trailer: 'Look At That Chest!' Staten Island Man's Emotional Dunk Over NYPD Car - @TheBuzzeronFOX GMA: Dog passes out from excitment to see owner Baseball Hall of Famers Inducted 'Hunger Games: Mockingjay Part 1' Sneak Peek Florida Keys Webcam Captures Turtles Hatching Morgan Freeman Sucks Down Helium on 'Tonight Show' Robin Wright Can Dance! (WATCH)
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.