Angel Luis Rivera and his son, Christopher Otero-Rivera, were arrested in October in connection with the death of Otero-Rivera’s estranged wife, Nicole Montalvo.
At a court hearing Thursday, the attorney for Angel Luis Rivera argued that state prosecutors missed the 21-day deadline to file formal charges in the case. The state said it didn’t have any legal basis to object, so Rivera can be released on the first-degree murder charge.
Other charges stand against Rivera, however. A judge on Thursday afternoon ruled that bond be set at $250,000 on the charge of abuse of a body and $100,000 on the charge of failure to report a death.
If he is released from jail, he can’t return to the crime scenes, one of them being his home, and he can’t have contact with any of the other defendants, meaning his wife and two sons, the judge ruled.
The judge also ruled that Rivera’s arrest affidavit can be unsealed. Details from that document can be found here.
Records show Rivera was booked into the Osceola County Jail on Oct. 29 on charges of first-degree murder and possession of a weapon by a convicted felon in connection with Montalvo’s death.
On Tuesday, Otero-Rivera, appeared in court for a hearing that lasted only a few minutes. The judge in that case ruled that the state missed the deadline to file formal charges, so Otero-Rivera should be released on his own recognizance on the murder charge.
However, officials from the State Attorney’s Office said that Otero-Rivera is still being held without bond on a violation of probation charge in which he’s accused of having contact with Montalvo. He won’t be released from jail unless that charge is dropped or a judge issues a bond.
The 33-year-old St. Cloud mother was initially reported missing on Oct. 21 after she failed to pick up her son from school. Her remains were found days later on a property owned by the Rivera family, according to the Osceola County Sheriff’s Office.
Court records show Montalvo accused Otero-Rivera of domestic violence on multiple occasions.
She said her estranged husband dragged her by her hair, slapped her and head-butted her in one instance and in another, he kidnapped her, held a knife to her throat and threatened to kill her, according to the affidavits.
Victims of domestic violence can call the National Domestic Violence Hotline, available 24 hours a day, at 800-799-7233, or in Central Florida, the Harbor House 24-hour confidential crisis hotline at 407-886-2856.