By Jeanne LeFlore
A McAlester man charged in the rape of a 5-year-old girl has requested a jury trial on a motion to have him committed, according to court records.
The request comes after Bruce Lee Montes, 25, was arrested a second time in December for rape charges in March, 2013.
Montes was first arrested and charged in Pittsburg County District Court in March with one felony count of first-degree rape and one felony count of lewd or indecent acts to a child younger than 16 in connection with the alleged rape of a five-year-old girl, court records state.
Then in November Montes was released and charges were dropped after he was found incompetent by judge after a competency hearing in connection with the rape charges.
Then in December, Montes was arrested a second time after District 18 District Attorney Farley Ward filed a motion stating Montes is dangerous and should be committed to a mental health facility or committed to the office of Public Guardianship.
The motion filed by the DA’s office said the state made a mistake by not objecting to the dismissal of the charges in November.
The motion asked 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 ...”
Court records reveal this is the second time Montes has been charged in connection with young children.
In 2006 charges were filed and later dismissed against Montes for molestation and lewd acts in connection with three other children, ages 5, 9, and 13.
Meanwhile according to the request filed in court on Friday, Montes is requesting a jury trial on the state’s motion to commit him to the Office of Public Guardian.
A decision the request for jury trial is set to be made during a sounding of the docket proceeding in Pittsburg County Court on Feb. 28 at 9 a.m.
Montes is currently being held in Pittsburg County Jail in lieu of $150,000 bond.
If convicted of the charges against him, Montes faces up to 20 years in prison.
Contact Jeanne LeFlore at firstname.lastname@example.org.