|Updated: 12/30/2013 1:14 pm
||Published: 12/27/2013 10:41 pm
A McAlester man found incompetent to stand trial last week for allegedly sexually abusing a five-year-old girl is back behind bars tonight.
Last week FOX23 news was the only station to tell you about the release of Bruce Montes, 25, after charges against him were dropped.
FOX23 told you the district attorney admitted a mistake was made and filed a motion for the judge to set aside the dismissal.
This week the judge issued an arrest warrant for Montes, after which Montez turned himself in to police on Monday.
Derrick James grew up with Montes and told FOX23 he was surprised Montes was found to be incompetent to stand trial.
James FOX23 "he was slow a little bit, but he wasn't that slow. He always knew what he was doing if he got in trouble or what not."
James was even more surprised when he heard Montes was out of prison after being accused of sexually abusing children for a second time.
"I was furious, as were a lot of people in this town. You know, there were death threats and all the hoopla," James told FOX23.
District Attorney Farley Ward told FOX23 the Assistant District Attorney, who failed to object to the dismissal, is no longer with his office.
"I can't explain why (the ADA) didn't look at the statute or ask me or the first assistant who have had experience with those types of cases. But once it was brought to our attention, we knew steps needed to be taken to get it back on the right track, and that was done," Ward told FOX23.
Ward hopes a judge will refer Montes to the office of the public guardian, where he will be placed in a treatment facility and have 24-hour supervision the rest of his life.
"I hope what the mother of the little victim and others will understand is that once we were made aware of it we took steps to correct it," Ward told FOX23.
James says he's relieved the problem is being addressed.
"He is off the streets, and that's a plus. And that's what most people want, is him off the streets, him getting the treatment he needs," he told FOX23.
Montes will have a hearing over this motion January 3. If he is moved to a public guardian facility, he will never be found guilty or innocent of the crime. The case would simply remain open.