GUILTY FL - Nicole Montalvo, 35, failed to pick up her son from school, St. Cloud, 21 Oct 2019 *arrests*

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Well COR's attorney filed docs requesting COR released on his own recognizance (attached). This is where it gets a bit weird...note that this doc, along with a couple of previous filings are showing defendant as Christopher Otero-RODRIGUEZ.
 

Attachments

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When this story broke and everyone on Webslueths was mentioning non profits I found a link that showed how many non profits the family was connected to. I sent an email to the O.S. with that info hoping they would do some research and write a story about it. I'd love to know if there is some type of compliance watching over Florida non profits.

Nice job. Hopefully someone is doing some really deep digging. If you send a follow-up email to see if anyone is actually looking into it more, Let us know!
 
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Well COR's attorney filed docs requesting COR released on his own recognizance (attached). This is where it gets a bit weird...note that this doc, along with a couple of previous filings are showing defendant as Christopher Otero-RODRIGUEZ.

Hearing tomorrow @ 2pm.
 
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Murder suspects’ family member calls Osceola mother’s death inhumane, barbaric

Murder suspects’ family member calls Osceola mother’s death inhumane, barbaric
Giulio Rivera speaks exclusively to News 6: ‘I had no idea of the skeletons that they were carrying around’
snipped
He said he ran away after suffering years of abuse at the hands of his father, Angel Rivera.

“He’s very, very physically volatile,” he said. “He would beat me so badly that I could not even go to school or walk.”

"Everyone knows he’s abusive, and what’s missing from this equation that I believe possibly led up to his final snap -- or whatever -- is that he was never put in check," he said.
 
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Man accused of killing Florida mother Nicole Montalvo to stay in jail

ST. CLOUD, Fla.
- A judge on Tuesday said that the estranged husband of murdered St. Cloud mother Nicole Montalvo will not be released from jail.

Lawyers for Christopher Otero-Rivera had argued that prosecutors missed a deadline to formally file charges against him and that he should be released from jail.
The judge said that state prosecutors did not present any evidence at Otero-Rivera’s hearing. He is being released on his own recognizance on that charge. However, he will continue to be held in jail without bond on a probation violation charge

Otero-Rivera and his father, Angel Luis Rivera, were arrested in October. Both men are charged with first-degree murder. Montalvo’s mother-in-law, Wanda Rivera, is also facing charges in connection to her death.
 
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The way I read this outcome is the State offered no evidence at the hearing - I wonder what the strategy is? It obviously upset her family - and I know he's still held on the other charge but this is alarming IMO.

Judge: State failed to file murder charge against man accused of killing estranged wife
Otera-Rivera’s court hearing lasted about two minutes on Tuesday. Montalvo’s supporters rushed out of the courtroom in tears after the judge announced his decision.

YNWAGSI6ONBNJOXKDR7NJQ5CWQ.JPG

Nicole Montalvo's family reacts in an Osceola County courtroom on Tuesday, Dec. 3, 2019 after a judge ruled that her accused killer could be released.
“The state having not filed the charging document within the time period provided by the rules of criminal procedure ... the court has no option under law but to release the defendant on his own recognizance as to this case,” the judge said.
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A spokeswoman for the Office of the State Attorney said prosecutors have 21 days to file charges, and if none are filed, prosecutors are afforded a maximum of 180 days.
 
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The way I read this outcome is the State offered no evidence at the hearing - I wonder what the strategy is? It obviously upset her family - and I know he's still held on the other charge but this is alarming IMO.

Judge: State failed to file murder charge against man accused of killing estranged wife
Otera-Rivera’s court hearing lasted about two minutes on Tuesday. Montalvo’s supporters rushed out of the courtroom in tears after the judge announced his decision.

YNWAGSI6ONBNJOXKDR7NJQ5CWQ.JPG

Nicole Montalvo's family reacts in an Osceola County courtroom on Tuesday, Dec. 3, 2019 after a judge ruled that her accused killer could be released.
“The state having not filed the charging document within the time period provided by the rules of criminal procedure ... the court has no option under law but to release the defendant on his own recognizance as to this case,” the judge said.

This is absolutely sickening................
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A spokeswoman for the Office of the State Attorney said prosecutors have 21 days to file charges, and if none are filed, prosecutors are afforded a maximum of 180 days.
 
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Nicole Montalvo case: Probation violation keeps husband jailed
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Otero-Rivera’s lawyer said the state attorney's office did not file formal murder charges within 21 days of his arrest.

Tuesday’s adversary preliminary hearing was called to make prosecutors show what they have in terms of probable cause against Otero-Rivera. They opted not to present a case, presumably because the probation violation will keep Otero-Rivera in jail.

State Attorney Aramis Ayala's office said they have not missed any deadline within which they could have legally proceeded.

"The State Attorney’s Office is aware of our statutory obligations. We have not missed any deadline within which we could have legally
 
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Nicole Yvonne Montalvo - View Obituary & Service Information

Nicole Yvonne Montalvo age 33 of St. Cloud, Florida passed away October 25, 2019. Nicole was born in Orlando, Florida on August 21, 1986 to Edward and Elaine M. (Schroeder) Montalvo. She was a waitress and member of St. Thomas Aquinas Catholic Church. She loved the beach, sun and roller blading at the St. Cloud lakefront, she loved her co-workers so much that she would go out to eat with them on her days off. She tried to eat healthy but failed miserably around Taco Bell, Nicole loved music and she had a special play list that she played each day while getting ready for work. She loved going to a local tavern to watch her favorite NFL team the Philadelphia Eagles which she rooted for. Nicole loved her son Elijah more than anything, she loved dressing up for Halloween with Elijah, she taught Elijah to love ketchup and ranch dressing so they could put it on everything. Nicole and Elijah loved to make cupcakes for school and his classmates. Nicole took so many photos of Elijah and herself that her phone was always full. Nicole’s laugh was very distinctive and Elijah has the same one that we love to hear. Nicole always worked hard to provide the best life for Elijah and for herself. Elijah made her full of life she loved him so much. Nicole is survived by her son, Elijah, parents Edward and Elaine, twin brother, Eddie (Brittany) Montalvo, sister, Christina Montalvo, brother, Steven (Celestine) Montalvo, Paternal Grandparents, Eli Montalvo, Maria Collado, nephew, Eddie Montalvo, niece, Vivienne Montalvo, several Aunts, Uncles and Cousins. She was preceded in death by her maternal grandparents, Howard and Janice Schroeder. Memorial Mass will be held Wednesday December 4, 2019 at 11 AM at St. Thomas Aquinas Catholic Church with Reverend Kent Walker officiating. Memorial Gathering will be held from 6 to 9 PM Tuesday, December 3, 2019 at Osceola Memory Gardens Funeral Home in Kissimmee. Services under the direction of Osceola Memory Gardens Cemetery, Funeral Home and Crematory 1717 Old Boggy Creek Road, Kissimmee, Florida 407-847-2494 www.OsceolaMemGds.com
 
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Not to get political, but the State Attorney for that area is a joke. Historically, she has made the news for her laziness.....
 
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State Attorney better get her sh** together, AR has now filed for a request to be released on his own recognizance as well. Hearing scheduled for 12/5 @ 8:30am!!
 
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