MAYVILLE – A Jamestown man who had his initial murder indictment dismissed due to an error by the DA’s office is back behind bars after being indicted yet again on the same charges.
Chautauqua County District Attorney Patrick Swanson said on Monday afternoon that Julio Montanez was indicted on charges of second-degree murder and two counts of second-degree attempted murder.
Montanez was arrested in October 2019 following the investigation into the shooting death of 28-year-old Justin Gibbons in Sherman.
Earlier this month, County Court Judge David Foley dismissed the initial indictment again Montanez for errors made during grand jury questioning.
The DA’s office had the option of either appealing Foley’s ruling or obtaining an indictment within 30 days.
Gibbons was shot in the back around 1 a.m. Oct. 6, 2019, in Sherman during an altercation and died a short time later.