MAYVILLE – The trial for a Jamestown man charged in a 2019 fatal shooting will begin next month in Chautauqua County Court.
A court clerk tells WNY News Now that Julio Montanez’s trial will begin with jury selection on Oct. 4. Montanez currently faces a count of second-degree murder and two counts of second-degree attempted murder. Montanez was indicted in 2019 on the charges.
He was re-indicted last October after Judge David Foley dismissed the original case due to what he says were errors in the presentation of the case to a grand jury by former Chautauqua County District Attorney Patrick Swanson.
Montanez was previously charged with first-degree manslaughter by the Chautauqua County Sheriff’s Office, who say Montanez allegedly shot and killed Justin M. Gibbons, 29, of Mayville, following a dispute in an alleyway near 114 W. Main St. in Sherman just after 1:30 a.m., Oct. 6.
Gibbons was shot multiple times while he was attempting to flee the area in a vehicle, investigators said.
He was transported to Westfield Memorial Hospital by the Sherman Volunteer Fire Department Ambulance where he was later pronounced dead.
Montanez is being represented by the Chautauqua County Public Defender’s Office, and the Cattaraugus County District Attorney’s Office serving as the prosecution.