Julio Montanez

MAYVILLE — Julio Montanez was sentenced this morning to 1 1/3 to four years in prison after pleading guilty to criminally negligent homicide.

Montanez, of Jamestown, had been indicted on charges of second-degree murder and two counts of second-degree attempted murder in the death of Justin Gibbons, 28, who was killed around 1 a.m. Oct. 6, 2019, in Sherman.

Montanez pleaded guilty just before a trial was to begin in September.

Several relatives of Gibbons were in court this morning for the sentencing.

According to the Chautauqua County Sheriff’s Office, Gibbons was shot multiple times in the area of 114 W. Main St. in Sherman. The Mayville man was taken by ambulance to Westfield Memorial Hospital but later pronounced dead.

According to investigators, Montanez met with a group Oct. 6, 2019, in the parking lot of a Sherman bar to arrange a narcotics deal. During the transaction, Gibbons and another person allegedly began to strike and kick Montanez. At one point, Montanez retrieved a gun and fired several rounds into a vehicle occupied by Gibbons and two other people. One bullet struck the driver’s side door and several other rounds struck the back of the vehicle.

Following the shooting, the vehicle went off the road and came to a stop near the bar. Gibbons, who was struck by two bullets, was transported to Westfield Memorial Hospital where he was pronounced dead.

Prosecutors had asserted Montanez fired into the vehicle as it was driving away.