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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]
All information is sourced directly from the official, public court database. Case history is organized and curated by The Georgia Gazette staff. The “What this means:” explanations are written by AI and reviewed by our staff before publishing.
Court records are subject to change at the court’s discretion. The Georgia Gazette is not responsible for errors or omissions. Nothing here is legal advice. All individuals are presumed innocent until proven guilty in a court of law.
Case History:
4/10/26
MAGISTRATE COURT SETS BOND FOR JAVIER MONTES
What this means: A magistrate judge in Gilmer County reviewed Javier Montes’s case and set a bond of $1,200.00, allowing him the opportunity to be released from custody while his case proceeds. The bond order reflects that Montes confirmed he could speak, read, and understand English, and that he understood the charges against him. The court noted he has the right to an attorney and that one would be appointed if he could not afford to hire one. The document also indicates Montes was being held on an offense bondable by Superior Court. A “False” notation appears next to Drug Testing, meaning no drug testing condition was attached to this bond.
4/10/26
SPECIAL CONDITIONS OF BOND ORDERED
What this means: In addition to setting the $1,200.00 bond amount, the Gilmer County Magistrate Court issued a separate order imposing special conditions on Javier Montes’s release. The specific conditions attached to his bond are documented in this order, which governs his behavior while out on bond as his case moves forward.
4/20/26
CASH BOND POSTED — JAVIER MONTES RELEASED FROM CUSTODY
What this means: Javier Montes posted a cash bond of $1,200.00 in Gilmer County Superior Court, securing his release from custody. The bond paperwork lists the charge as Misdemeanor Simple Assault – Family Violence. A surety also signed onto the bond. The bond was approved by the Gilmer County Sheriff’s Office and remains in effect, meaning Montes is required to appear at all future court dates or risk the bond being forfeited and a warrant issued for his arrest.
5/15/26
DEFENSE ATTORNEY NOAH JOHN-BENJAMIN BAILEY ENTERS APPEARANCE FOR JAVIER MONTES
What this means: Attorney Noah John-Benjamin Bailey of the J.L. Weaver Law Firm in Jasper, Georgia formally notified Gilmer Superior Court that he is representing Javier Montes in this case. This filing, called a Notice of Appearance of Counsel, is a standard step that officially puts the court and the prosecution on notice that Montes has legal representation.
5/15/26
DEFENSE FILES MOTION TO OPT INTO DISCOVERY
What this means: Attorney Noah Bailey filed a motion on behalf of Javier Montes asking the court to formally enter Montes into the discovery process. Discovery is the legal procedure through which the defense is entitled to review evidence the prosecution intends to use — such as police reports, witness statements, and any recordings. This motion puts the State on notice that the defense is requesting access to that material.
5/15/26
DEFENSE FILES MOTION FOR DISCLOSURE OF ITEMS SUBJECT TO SUPPRESSION AND PRELIMINARY MOTION TO SUPPRESS
What this means: Attorney Bailey filed a motion asking the prosecution to disclose any evidence that may have been obtained in a way that could violate Javier Montes’s constitutional rights. The motion also serves as a preliminary request to suppress — meaning to block from being used at trial — any such evidence. If the court grants suppression, that evidence cannot be presented against Montes.
5/15/26
DEFENSE FILES MOTION FOR ADDITIONAL TIME TO FILE MOTIONS
What this means: Attorney Bailey also asked the court for extra time to file any additional legal motions on behalf of Javier Montes. This is a routine request made early in a case when defense counsel needs more time to review the evidence and determine what other legal challenges may be appropriate.
7/9/26
ACCUSATION FILED AGAINST JAVIER MONTES IN GILMER SUPERIOR COURT
What this means: The State formally filed an accusation against Javier Montes in Gilmer Superior Court charging him with Simple Assault – Family Violence under OCGA 16-5-20(d). An accusation is a formal charging document — similar to an indictment but filed directly by the prosecutor rather than through a grand jury. This document officially sets out the charges Montes is accused of and moves the case into the Superior Court trial process.
7/16/26
JAVIER MONTES FILES WAIVER OF ARRAIGNMENT
What this means: Javier Montes, through his attorney, waived his right to a formal arraignment hearing. At an arraignment, a defendant is typically brought before the court to hear the charges read aloud and to enter a plea. By filing a waiver, Montes is indicating he is already aware of the charges and does not need that formal proceeding — a common step when a defendant has legal representation. A waiver of arraignment was also filed alongside this, noted in the case record.
8/4/26
ARRAIGNMENT SCHEDULED FOR JAVIER MONTES — 11:00 AM
What this means: Despite the waiver of arraignment filed on 7/16/26, the court has a calendar entry scheduling an arraignment for Javier Montes on August 4, 2026 at 11:00 AM in Gilmer Superior Court. The case record also notes that a Waiver of Arraignment was filed alongside this scheduling entry, which may mean the hearing will be handled administratively rather than requiring Montes to appear in person. The court will confirm his plea and ensure the case is ready to move forward.