|Updated: 12/19/2013 6:29 pm
||Published: 12/19/2013 5:04 pm
Parents in McAlester are angry after a man accused of raping a 5-year-old girl had his case dismissed because the court determined he was mentally incompetent to stand trial.
Bruce Montes, 25, was also accused of sexually abusing three kids in a separate case in 2006, but those charges were also dismissed.
Montes was able to walk out of court a free man after an expert determined his I.Q. was too low for him to help in his own defense.
Prosecutors told FOX23 it was a mistake on their part and filed a motion to correct the mistake.
"I went off the handle. I immediately posted it on Facebook with his face, that way other parents can immediately know who is out there," said Karly Bookout.
Plenty of her Facebook friends were just as furious; some posted threats about street justice, including saying someone should shoot him between the eyes or "feed him to hungry hogs in the woods."
"Half this town's seen his picture. Pretty sure they're not happy about it," said Bookout.
As a mother of three young kids, Bookout doesn't understand why Montes was allowed to go free just because legally he's deemed mentally incompetent. Especially since he's been accused multiple times.
"I still feel like it's going to happen again. I think he's a threat to society," she said.
We spoke with First Assistant District Attorney Danita Williams, who told FOX23 a ruling like this is so rare that the young prosecutor on the case didn't have a legal argument prepared to object to the dismissal of the case.
She said it was a simple mistake, but now she's asking the judge to set aside the dismissal and have Montes committed to the Office of the Public Guardian, which would provide 24-hour supervision for Montes for the rest of his life.
"It makes me feel a lot better that they're at least gonna try to do something. But at the same time, they should have never dismissed it in the first place ... especially with it happening again," said Bookout.
FOX23 reached out to Montes' attorney, Jeff Contreras, for a response; he told us he had no comments to make.
It's important to mention that if the judge agrees with prosecutors and sends Montes to the Office of the Public Guardian, he will never be found guilty or innocent of the crime--the case would simply remain open.