By Jeanne LeFlore
A McAlester man found incompetent after being charged with raping 5-year-old girl, is dangerous and should be committed to a mental health facility, according to a court motion filed Thursday.
“A mistake was made,” according to a motion filed in Pittsburg County District Court on Thursday by the District 18 District Attorneys office
In March Bruce Lee Montes, 25, was charged in Pittsburg County District Court with 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.
On Nov. 22 Special District Court Judge Tim Mills ruled Montes was incompetent and would not be able to obtain competency after a hearing in Pittsburg County District Court, according to court records.
Then on Wednesday after the results of Montes hearing were reported in the News-Capital District 18 District Attorney Farley Ward said he planned to file a motion to asked the judge to set aside the dismissal and to consider placing Montes in a treatment facility or be monitored.
“This is something that should have been done in the first place,” Ward said.
Ward said Judge Mills ruling was made 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.
“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.
“This situation is not common and a mistake was made,” 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 State is also asking the court to commit Montes to the Office of Public Guardian or the Department of Mental Health and Substance Abuse Services for future care and treatment.
This is the second time Montes has been charged in connection with a child.
According to court records, in May of 2006 Montes, then 17, was charged with molestation and lewd acts to three other children, ages 5, 9, and 13.
Those charges were also dismissed.
According to court records the children and six others were all living with Montes who is the mothers half-brother and Montes’ father.
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 baby-sat the child a few times a week.
Court records state that a child abuse medical examiner confirmed the child had been sexual 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.”
Montes’ attorney Jeff Contreras said Tuesday that although he could not comment specifically on this case that in general when a person (such as Montes) is found unable to return to competency they do not receive any further treatment.
“This was an I.Q. issue,” Contreras said.
He also answered “no comment” when asked if Montes will be allowed to be around children in the future.
A phone call to Montes was not returned by press-time today.
Meanwhile a hearing date for the motion was not set as of press-time today.
Contact Jeanne LeFlore at firstname.lastname@example.org.