OSCEOLA COUNTY, Fla. – OSCEOLA COUNTY, Fla. -- A court date has been set in the showdown over whether the estranged husband of a woman found murdered should be allowed to walk out of jail.
Investigators arrested Christopher Otero Rivera for the murder of his wife, Nicole Montalvo, in October.
She was last seen alive one month ago on the property Rivera lived on with his family, according to investigators.
Sheriff Russ Gibson said his team found human remains on the land, and they later identified them as Montalvo's.
He said she was dismembered.
According to court records, Rivera's attorney filed a motion this week asking a judge to free her client because the Office of the State Attorney has not officially charged Rivera with Montalvo's murder within the 21 days she said is required by law.
A spokeswoman for the Office of the State Attorney said prosecutors do have 21 days to file charges, and if none are filed, prosecutors are afforded a maximum of 180 days.
An Osceola County judge has now ordered a hearing to be held on Dec. 3.
The spokeswoman for the state attorney’s office told News 6 the hearing will be similar to a mini-trial, where prosecutors will present the evidence they have to show probable cause that Rivera should be charged with Montalvo’s murder.
Rivera's father, Angel, and his mother, Wanda, have both been charged in connection with her murder, as well.
His brother Nicholas Rivera was arrested and charged with eight counts of child porn possession.
News 6 obtained his arrest warrant on Thursday, which was completely blacked out by investigators.