
HUTCHINSON, Kan. — A 30-year-old man learned a hard lesson when he failed to show up on time for a preliminary hearing Monday where he faces felony charges over an incident in Nickerson.
Benito Montalbo is charged with two counts of aggravated assault and criminal threat. He did arrive at the courthouse, but after Magistrate Judge Cheryl Allen continued the hearing and issued a bench warrant. He was apparently arrested on the warrant and the judge didn’t withdraw it.
He appeared before the judge via video from the Reno County Correctional Facility where he tried to explain that he was working in Wichita and just underestimated the time it would take to make the trip back to Hutchinson. He tried to convince her to lower the bond so he could go back to work, but she would only come down some to $15,000. However, she did take his request for a lower bond under advisement, wanting to talk with his Court Services officer over that issue.
In the case itself, Montalbo allegedly got into a confrontation back on June 25 with two individuals after one of them allegedly told him to slow down as he was driving by. He allegedly, at some point during the altercation, pulled a knife and threatened others with it. He’s also alleged to have threatened to come back later with a gun.
He’s on corrections for drug-related charges, as well as driving while suspended. A hearing over him violating his corrections is still pending in front of Judge Trish Rose.