In the early hours of an autumn morning in Sherman, New York, a dispute in an alleyway off of West Main Street turned deadly, forever altering the lives of two families. On Sunday, October 6, 2019, 29-year-old Justin Gibbons, a male resident of Mayville, was involved in an altercation that ultimately led to his untimely death. During the confrontation, Gibbons attempted to flee the scene in a vehicle, but multiple gunshots were fired in his direction, striking him and causing fatal injuries.
He was rushed to Westfield Memorial Hospital, where he was pronounced dead.
The investigation into the shooting quickly led to a suspect, Julio E. Montanez of Jamestown. Authorities alleged that Montanez was the individual who fired the shots that killed Gibbons. He was subsequently arrested and initially charged with manslaughter. The legal proceedings that followed were complex. The initial indictment against Montanez was dismissed by a County Court Judge due to errors in the grand jury questioning. However, the Chautauqua County District Attorney's Office pursued the case, and Montanez was re-indicted on more severe charges of second-degree murder and two counts of second-degree attempted murder.
Ultimately, the case did not go to a full trial on the murder charge. In September 2021, Montanez accepted a plea deal offered by the Cattaraugus County District Attorney's Office, which had taken over the prosecution. He pleaded guilty to the lesser charge of criminally negligent homicide, a non-violent felony. Following his guilty plea, Julio Montanez was sentenced in November 2021 to a term of one and one-third to four years in a state prison for his role in the death of Justin Gibbons.