Javier Montes

Name:
Montes, Javier

Date of Booking:
04/09/2026

Reason(s) For Booking:
DISORDERLY CONDUCT

SIMPLE ASSAULT – FAMILY VIOLENCE

Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]

On 04/09/26 approximately 1833 hrs. I (Cpl. White) received a call for service at [200 BLOCK] Brooks Trace in reference to a possible phyiscal domestic violence. Due to proximity I responded non emergency. When I arrived I activated my body camera and the car camera for car #724.

I was first able to speak to the complainant/victim [VICTIM #1]. Ms. [VICTIM #1] advised that she had just prior to my arrival had an altercation with her father who her and her sisters/witnesses/victim(s) all live with at the incident location. Ms. [VICTIM #1] explained that their father has an extremely long history of abuse to them and their mother and on today’s date her juvenile sisters, juvenile [VICTIM #2] (12 yoa), juvenile [VICTIM #3] (15 yoa) and juvenile [VICTIM #4] (14 yoa) had been asked to come outside to help their father, Mr. Montes around the truck he was working on.

Ms. [VICTIM #1] advised that while they were beside the truck that Mr. Montes was working under they began laughing while they were playing. Mr. Montes apparently thought they were laughing at him struggling with the truck and he began to curse the minor children calling them and saying, “shut the fu*k up you stupid bit*hes”…continued saying, “I’m tired of these stupid fu*king kids” in the children’s presence. Ms. [VICTIM #1] stated that her sisters all came inside and told her what was said.

Ms. [VICTIM #1] advised that she walked outside and observed that Mr. Montes was under the truck working. Ms. [VICTIM #1] explained that she bent down and stuck her head up under the truck so she could speak to her father. Ms. [VICTIM #1] advised that she told her father not to speak to her sisters with that language. Ms. [VICTIM #1] stated that Mr. Montes grabbed a hand held sledge hammer that was close to him and threw it at her face while she had her head still under the truck.

Ms. [VICTIM #1] stated that she got up and called her mother and her mother who had previously left for work advised her to call the cops. During this time Deputy Healy had arrived at the scene to assist. Deputy Healy was able to pass out witness statements and all of the involved parties were able to fill out a statement. After speaking to all of the parties involved everyone’s stories appeared to match. As I spoke to Mr. Montes his statement lined up with the children’s testimonies as well.

Mr. Montes explained that he was outside working up under his truck. He had asked the girls to come outside to help him. He stated that he was struggling with the truck when he began hearing the girls laughing. He believed at the time that they were laughing at him and it made him upset and frustrated.

I asked him what he said to the children and he at first appeared to not be comfortable telling me. He looked down at the ground and mummbled saying that maybe he said some things out of frustration that he shouldn’t had. I told him that the children said that you called them bit*hes along with some other things, did you say any of that? Mr. Montes again said, yeah maybe he said some things he shouldn’t had said.

I then asked what happened when [VICTIM #1] came outside. He explained that he and his oldest daughter, [VICTIM #1] have not been getting along and fighting a lot recently. He explained that she came over to him while he was working under the truck and bent down and was talking to him. I asked him if while he was speaking to her if he had threw a sledge hammer in her direction? Mr. Montes stated that while she was mad and bent down upset it was making him upset and he tossed the sledge hammer over towards her.

Due to the nature of the altercation it was obvious to determine that there was no legit reason he should had picked up a sledge hammer and “tossed” it to her and that with all parties agreeing that the incident did happen that I determined that him throwing the sledge hammer at her placed her in fear of receiving an injury. I did ask [VICTIM #1] if she felt that Mr. Montes throwing the sledge hammer at her placed her in fear of receiving an injury and she stated yes.

Deputy Healy completed the victim’s notification while I handed out a victim’s pamplet along with a vine card for the families records. I advised the family that Mr. Montes would be going to jail this evening. Deputy Healy and I spoke to Mr. Montes and advised him that due to the totality of the evidence and circumstances he was going to be placed under arrest at this time. I placed handcuffs on Mr. Montes behind his back, double locking them and checking for proper fit. Mr. Montes was secured in my patrol car with the seat belt. I was able to secure the sledge hammer to be able to place it into evidence.

Mr. Montes was transported to the Gilmer County Detention Center without incident and turned over to the jail staff. I checked the back seat of my patrol vehicle for contraband without any findings. Mr. Montes will be having a warrant taken out for Simple Assault (FVA) as well as a County Ordinance of Disordely Conduct. The sledge hammer was secured in evidence locker #6 along with the property & evidence sheet (receipt #20729).

[End of Narrative]