By Jeanne LeFlore
A McAlester man charged with raping a 5-year-old girl was set free after he was found incompetent in November.
Bruce Lee Montes, 25, was charged March 21 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, according to court records.
This is the second time Montes has been charged with sexual assault of a child.
According to court records, in May 2006, Montes was charged with molestation and lewd acts to a child under 16. Those charges were also dismissed.
Meanwhile, court records state McAlester police were called by the mother of the child in the November case in March after the child told another adult she had been touched inappropriately.
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 a child abuse medical examiner confirmed the child had been sexually abused.
According to court records, the November competency hearing was set to determine 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 he would be “presently dangerous if released.”
Montes’ attorney, Jeff Contreras, said Tuesday that although he could not comment specifically on this case, in general a person found unable to return to competency does not receive any further treatment.
In this case Contreras said“this was an I.Q. issue.”
He also answered “no comment” when asked if Montes will be allowed to be around children in the future.
Contact Jeanne LeFlore at email@example.com.