Julio E. Montanez

SHERMAN — A city man will be held for grand jury action following the shooting death of a Mayville man early Sunday.

Sherman Town Justice Douglas Neal remanded Julio E. Montanez, 25, back to Chautauqua County Jail without bail following a preliminary hearing Thursday morning.

Montanez, who was in Town Court for the hearing, is facing a charge of first-degree manslaughter after Justin M. Gibbons, 29, was shot multiple times Sunday around 1:36 a.m. in the area of 114 W. Main St. in Sherman.

Gibbons was taken by ambulance to Westfield Memorial Hospital but later pronounced dead.

Investigators with the Chautauqua County Sheriff’s Office said Montanez and Gibbons had been involved in an altercation in an alley near Main Street.

“During the course of the altercation, Julio Montanez produced a handgun and fired multiple rounds at Mr. Gibbons, while he was attempting to flee the area in a vehicle,” the Sheriff’s Office said.

The felony complaint, obtained Thursday, stated that Montanez “did with intent cause serious physical injury to Justin M. Gibbons by shooting him causing his death.”

Chautauqua County District Attorney Patrick Swanson, while not speaking directly on the case, said charges are “always determined by the facts and circumstances of a particular case.”

Montanez, a resident of Charles Street in Jamestown, was previously arraigned through the Central Arraignment program at Chautauqua County Jail. He is being represented by the county Public Defender’s Office.

The Sheriff’s Office was assisted by the District Attorney’s Office, county Forensic Investigation Team, members of the Stanley Hose. Co., the New York State Police and county Coroner’s Office.