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

[IrishApril]

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.

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.
...
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.

 

[IrishApril]

This is not the family and would appreciate it if you would take that picture down; in fact not even close to the family.

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.

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.
...
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.

 

[oviedo]

This is not the family and would appreciate it if you would take that picture down; in fact not even close to the family.

It’s in the media article - I can’t remove their articles - perhaps write to them ?

 

[Ev1214111]

Personally, I feel like they did this to not show their cards.
I think this is all strategy so that he ultimately gets the max punishment.
I can't see how they would be sloppy or not up to speed on procedural stuff with this case given the publicity of it.

 

[Ev1214111]

It’s in the media article - I can’t remove their articles - perhaps write to them ?

Yeah, this is part of the article. I believe it is her close friends. Looks like the way the article was written it insinuates it is her family, but it appears to be her supportive friends that are rightfully distraught. This is just so sad of a case.

 

[imstilla.grandma]

Bankowitz said he does not know why prosecutors have not filed formal charges against his client and he cannot get to the court file because it is sealed. “It’s got to be because it’s an on-going investigation process,” Bankowitz said. “Possibly other people are going to be charged, maybe there’s other people mentioned in it. I don’t know.”

Bankowitz said he plans on asking the judge to completely unseal the case files or at least unseal them for attorneys “for purposes of proper preparation and preservation of our client’s rights.”

“It makes our job more difficult because it’s kind of like trial by surprise,” Bankowitz said “You know, we go in there [Thursday] and the state starts arguing facts that I don’t have or haven’t been available to me. It’s trial by surprise and the Florida rules of criminal procedure specifically prohibit that.”

Rivera is also facing a possession of a firearm by a convicted felon charge with bond set at $10,000.
Father-in-Law of murdered Florida mother facing new charge

 

[merrymary]

The stare-down of the deputy in the courtroom is priceless.

 

[merrymary]

Stephanie Bechara
@BecharaReports
·
32m
Angel Rivera will remain in jail for other charges like: Abuse of a human body and failure to report a death. His first appearance on those new charges will happen at 1pm.
@MyNews13
#News13Osceola

 

[merrymary]

GPS from suspect’s ankle monitor pinged him near body of St. Cloud mother, records show

 

[oviedo]

Nicole Montalvo murder: Warrant reveals new details in case

WARNING GRAPHIC
snipped
One line in the warrant stands out. Investigators write, "Nicole was killed and her body was cut into pieces and then buried by Angel and Christopher."

The warrant says that Montalvo's remains were found at the Riveras' home and appeared to have been cut with a cutting device.

 

[oviedo]

Nicole Montalvo murder: Warrant reveals new details in case
Snipped
Angel Rivera was in court Thursday demanding that he be released from jail because prosecutors still have not filed formal charges. The judge agreed, but charges related to the abuse of a corpse and concealment of a body were filed late Wednesday and are keeping Rivera jailed for now.

A judge set bond at $350,000 for those charges.
——
He is going to appeal - heard this on news this am ...

 

[Steph8angels]

I do not profile by looks alone.
But is it me or does anyone else think this family ie' bio dad of Nicole's son, his dad and his brother look straight up mean like full of hate and evil in their eyes. Scary to think that she knew in the end what was happening and she died a violent death at the hands of this career criminal bullying family.
What they did to Nicole and how they disposed of her has to drive their mind further into evil acts of making others disappear.
MOO NOBODY IS SAFE IF EITHER OF THESE MEN ARE SET FREE. ESPECIALLY NICOLE'S SON.
JUSTICE4NICOLE
COME ON STATE IF FL. DO NOT LET HER DOWN AGAIN.

 

[LadyL]

Yeah, this is part of the article. I believe it is her close friends. Looks like the way the article was written it insinuates it is her family, but it appears to be her supportive friends that are rightfully distraught. This is just so sad of a case.

the article outright states that it is her family; this is from underneath the article

'Nicole Montalvo's family reacts ...'

perhaps someone can contact the reporter for clarification or the mods here can remove the post until we know one way or the other

I'll alert on IrishApril's post to let a mod know

 

[IrishApril]

Trust me I know it's not and the family was quite upset, but I am ok now I think it was an emotional statement.

 

[merrymary]

Nicole Montalvo’s accused killers tried to extort her, arrest warrant says

 

[Blondie in Spokane]

Thanks for the article, merry! Here’s just a quick quote from it:


“The 33-year-old’s last known communication was a text from her phone to her father-in-law, Angel Rivera, asking him and her mother-in-law Wanda Rivera to take care of her son while she handles an unspecified personal matter.“

“I’m really sorry about everything. I should have listened to you. I made a bad mistake,” said the text, sent 6:56 p.m. the day Montalvo disappeared, according to the affidavit. “I need you and Wanda to take care of [my son] for a few days until I get things figured out ... I am with a friend that is going to help me get through this. Tell [him] Mommy loves him."

(I don’t believe she wrote that text for a moment.)

ETA: as long as I live I will never understand how anyone could even consider dismembering a body, much less actually doing it. I get chills just thinking about it.

Now I’m going to finish reading the rest of merry’s article. It’s a great summary of all we know so far......these people are disgusting. Poor Nicole, I’m so sorry she got mixed up with these monsters....what a horrendous ending for her, and so very young with a child she loved. I have no words to describe what I feel.

 

[Blondie in Spokane]

Another quote:

“A friend of Montalvo’s told deputies she was “very concerned" about Montalvo’s safety and that Rivera and Otero-Rivera had “threatened and extorted" her, according to the warrant.”

I wonder how they were extorting Nicole?

 

[claudianunes]

Another quote:

“A friend of Montalvo’s told deputies she was “very concerned" about Montalvo’s safety and that Rivera and Otero-Rivera had “threatened and extorted" her, according to the warrant.”

I wonder how they were extorting Nicole?

Probably with something related to her son.

 

[MissMalowe]

I don't believe she wrote that text either.

If she had, wouldn't *someone* from that deranged family have picked the son up from school, in preparation for "taking care of her son for a few days?" Instead, as the title of this thread indicates, mom didn't show up to pick him up from school.......nor did anyone else.

That family is disgusting. Dismembered her?! Like murdering & burying her on the family property wasn't terribly insane enough?

 

[oviedo]

I caught the end of the story in the 11pm news - the brother in law is going to court tomorrow ? I can’t find a link yet so for now JMO