McAlester man sentenced to federal prison after nearly 10 years

Derrick James, McAlester News-Capital, Okla.
·3 min read
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Jun. 5—A McAlester man first arrested in 2013 and found incompetent in state court to face trial for child sex crimes was sentenced to federal prison.

Bruce Lee Montes, 34, was originally indicted in the Eastern District of Oklahoma in May 2021 with aggravated sexual abuse in Indian Country.

As part of a plea deal, Montes pleaded guilty last month to a single count of sexual abuse in Indian Country and was sentenced to serve 25 years in the custody of the U.S. Bureau of Prisons with supervision for life following his release.

"The defendant violated the person and the trust of a child," U.S. Attorney Christopher J. Wilson said in a press release. "The twenty-five-year prison sentence imposed by the court holds the defendant accountable for the unspeakable physical and emotional trauma he inflicted on this innocent victim."

Along with the prison sentence, U.S. District Judge David C. Joseph ordered the BOP to evaluate Montes to determine if he is a suitable candidate for the intensive drug treatment program. Joseph also ordered Montes to serve his sentence at the federal prison in Seagoville, Texas and for Montes to register as a sex offender.

Joseph also recommended the BOP to evaluate and determine if Montes is eligible for any credit for time already served in state and federal custody since his arrest in 2013.

Court records show Montes was originally charged in 2013 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.

An affidavit filed in the case states the then 5-year-old girl was staying the night in a home where Montes lived. The child told authorities Montes laid beside her, then on top of her and "pulled his pants down" and sexually assaulted her.

The report states Montes first told investigators that he could not remember that night and "corrected himself" several times before telling investigators he did fall asleep on the couch with the girl and that he woke up with an erection that the girl "could have felt."

In a medical examination, it was determined that the child had physical signs of sexual abuse, court records state.

Montes was later found incompetent to stand trial and charges were dismissed. Days later, prosecutors filed a motion stating "a mistake was made" in the dismissal of the charges against Montes and asked a judge to set aside the dismissal and place Montes into the custody of the Office of the Public Guardian because he was "dangerous."

Attorneys later came to the agreement to place Montes into the Public Guardian's custody and he remained in custody until April 2021 when his state case was dismissed due to the 2020 U.S. Supreme Court ruling in McGirt.

A federal judge ordered Montes to undergo a new mental health evaluation in May 2021 and later ruled him competent in January 2022 after reviewing the results.