29-year-old man accused of murder after pleading guilty, posting bond for aggravated robbery
HARRIS COUNTY, Texas - October 21, 2016, 29-year-old Giovani Montiel is charged with capital murder. His bond set at $200,000.
"He sits in the Harris County Jail for over three years," said Andy Kahan with Crime Stoppers.
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In December 2019, Montiel entered a guilty plea to a reduced charge of aggravated robbery.
185th Criminal District Court Judge Jason Luong ordered a pre-sentence investigation or PSI.
"Nothing happens for seven months, nothing," Kahan said.
In July 2020, Judge Luong sets bond for Montiel at just $20,000. Montiel, who knows he could go to prison for 30 years, walks out of jail.
"I've just never seen a situation like this," said Brad Hart, who was the judge in the 230th District Court for six years, and running for that bench again this November.
"I've never seen where a person is charged with capital murder reduced to an aggravated robbery, pleads to a PSI with a potential sentence up to 30 years, and got a bond that low," Hart said.
"I've run this by several judges and former judges, and asked them to take a good hard look at it, and they said they've never seen anything like it," said Kahan.
October 21, 2020, three months after bonding out of jail, police say Montiel shot and killed 25-year-old Alejandro Ocanas.
"He was very happy. We were at that point in our lives we were happy until this tragedy happened," said Alejandro's mother Veronica Castellano.
Alejandro had a one-year-old baby and a step child.
"He was my only child. He's no longer here with us, we miss him very much," Castellano said.
Montiel is back behind bars charged with murder.
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Get this. The PSI the court ordered for the guilty plea has yet to happen.
"Technically he's still charged with capital murder because that deal has never been consummated," said Kahan. "It's never been completed."
Alejandro's mother has this message for Judge Luong.
"Please don't let criminals who have murdered before out, just so they can do the same thing again," she said.