TULSA - A McAlester man arrested in March for raping a five-year-old girl is back behind bars, though a judge initially ruled him incompetent to stand trial and released him.
Bruce Lee Montes, 25, was jailed this week on complaints of first-degree rape and lewd or indecent acts to a child under 16.
He remains behind bars on a $150,000 bond, according to court records.
Police initially arrested Montes in March after the victim told an adult she had been molested.
The girl's mother named Montes as a possible suspect.
But in November, a competency hearing was held and a judge ruled that Montes is incompetent, and unable to attain competency.
He is reportedly developmentally challenged.
Montes was also arrested in 2006 and charged with molestation and lewd acts committed against three children ages 13 and under.
That case was dismissed, but online court records don't indicate why.
District 18 District Attorney Farley Ward reportedly learned of the November dismissal from a local newspaper, and successfully argued for a reevaluation of the judge's ruling.
He tells KRMG that the Assistant D.A. on the case wasn't aware that he should object to the dismissal, and move for Montes to be committed to a mental health facility for treatment until such a time as he was deemed competent.
Barring Montes achieving competence, he would be held in the facility indefinitely.
Dec. 20, the judge reversed the ruling and ordered Montes back to jail.
He has a preliminary hearing scheduled for Jan. 3.
Ward says that at that point, Montes should be committed to the mental health facility as should have happened originally.
He added that there's no reason to believe Montes committed any crimes during the time he was free.