FL - Nicole Montalvo, 35, St. Cloud, 21 Oct 2019 MEDIA & TIMELINE - NO DISCUSSION

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Clickorlando.com
Prosecutors to argue why husband of murdered mother should stay in jail
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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.

 

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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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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.
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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
Aug 21, 1986 - Oct 25, 2019
Nicole Yvonne 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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Nicole Montalvo murder: Warrant reveals new details in case

WARNING GRAPHIC
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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.

 

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Nicole Montalvo murder: Warrant reveals new details in case
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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.

 

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New charge filed against estranged husband of slain St. Cloud woman

New charge filed against estranged husband of slain St. Cloud woman
Christopher Otero-Rivera faces charge of failing to report death of Nicole Montalvo
Daniel Dahm, Digital Content Manager

Published: December 17, 2019, 7:20 amUpdated: December 17, 2019, 11:16 am
KISSIMMEE, Fla. – The estranged husband of a slain Osceola County woman will face a judge Tuesday after sheriff’s officials filed a new charge against him.

The Osceola County Sheriff’s Office has charged Christopher Otero-Rivera with failing to report the death of Nicole Montalvo.

 

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Nicole Montalvo's father-in-law posts bond

Father-in-law of slain Osceola County mother released on bond

Updated: 10:30 PM EST Jan 13, 2020

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OSCEOLA COUNTY, Fla. —
A man charged in connection with the death of his daughter-in-law was released from the Osceola County Jail on Monday night.

Rivera stayed silent as he was released on bond, his head covered with a jacket. A judge on Friday reduced his bond from $350,000 to $170,000.

Rivera and his son, Christopher Otero-Rivera, were arrested in connection with the murder of Otero-Rivera’s estranged wife, Nicole Montalvo....
Rivera is charged with abuse of a dead body and failure to report a death in the case of Nicole Montalvo.

Rivera said in court Friday that his income is $250 per month from disability claims and if his bond is reduced and he gets out of jail, he will have to find employment.

 

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Attorney General requests reassignment of Osceola murder case

Montalvo’s family is urging witnesses to come forward who might have additional information about the murder
Mike DeForest, Investigative Reporter

Published: January 21, 2020, 10:34 pm
ORLANDO,Fla. – Florida Attorney General Ashley Moody has asked Governor Ron DeSantis to reassign the prosecution of a high profile murder case to another state attorney's office, the state's top elected prosecutor confirmed Tuesday.


Moody has expressed concern about a dispute between Orange-Osceola State Attorney Aramis Ayala and Osceola County Sheriff Russ Gibson over the investigation into the murder of Nicole Montalvo.

 

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Murder suspects’ family member told detectives he saw St. Cloud mother’s motionless body

Murder suspects’ family member told detectives he saw St. Cloud mother’s motionless body
Nicholas Rivera’s interview doesn’t reveal cause of death

Published: February 18, 2020, 3:41 pm
OSCEOLA COUNTY, Fla. – The son and brother of two men suspected in the murder and dismemberment of a 33-year-old St. Cloud woman told detectives he saw the victim’s lifeless body in his parent’s garage the night she went missing, according to a video of the interview with Osceola County Sheriff’s Office detectives.

Nicole Montalvo was reported missing in late October 2019 after she missed picking her son up from school. She was last seen alive on Oct. 21 when she dropped her son off at the home where her estranged husband Christopher Otero-Rivera, 31, lived with his parents, deputies said.

 

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Nicole Montalvo's husband indicted on murder charge

 

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Father and son in court after being indicted in connection with Osceola County mother's murder

 

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Man charged with killing estranged wife asks for trial to be moved
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Man charged with killing estranged wife asks for trial to be moved
Attorneys for Christopher Otero-Rivera also file motion regarding crime scene photos

 

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Mother-in-law faces accessory to murder charge in Nicole Montalvo’s death
by MONIVETTE CORDEIRO

ORLANDO SENTINEL |
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MAY 26, 2020 | 10:00 AM

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Wanda Rivera, 60, faces the additional felony charges after initially being accused of providing false information to law enforcement in the 33-year-old woman’s death. Assistant State Attorney Ryan Williams said Montalvo’s mother-in-law had not been arrested on the new charges as of Tuesday morning.


During a hearing at the Osceola County Courthouse, prosecutors told Circuit Judge Jon B. Morgan they want Wanda Rivera to stand trial with her son, 32-year-old Christopher Otero-Rivera, and husband, 63-year-old Angel Rivera, both charged with second-degree murder and abuse of a body in Montalvo’s killing.

The men’s trial, which was scheduled to start June 8, was delayed by the judge to July 13.
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Prosecutors say her body was burned, cut into pieces and buried on properties belonging to the Rivera family.

[email protected]

 

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Mother-in-law of slain St. Cloud mom Nicole Montalvo posts bail and walks out of Osceola County jail

 

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Recently released evidence shows deputies believe a missing St. Cloud mother’s in-laws worked together to abandon her car after her death.

The documents include surveillance images that show the murder suspect’s truck heading toward and later leaving the area where the victim’s car was left.


In-laws disposed of missing St. Cloud mother’s car after her death, deputies say

 

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Judge considering including evidence from 2016 and 2018 in upcoming Nicole Montalvo jury trial

Judge considering including evidence from 2016 and 2018 in upcoming Nicole Montalvo jury trial
The state is requesting the judge include evidence from a 2016 battery charge and a 2018 kidnapping and robbery, in the upcoming jury trial.

Updated: 6:19 PM EDT Jun 17, 2020

Megan Mellado
Reporter

OSCEOLA COUNTY, Fla. —
Christopher Otero-Rivera and his father Angel Rivera, who are facing murder charges in the death of Nicole Montalvo, were back in court for a hearing Wednesday.

The hearing was regarding a motion filed by the state, requesting the judge include evidence from a 2016 battery charge and a 2018 kidnapping and robbery, in an upcoming jury trial.


Montalvo was reported missing in late 2019. Her remains were found on property owned by the Riveras.

Within an hour or so into the hearing, the judge announced he was going to hold off on a decision. He then proceeded to hear from several witnesses regarding the two incidents, including Nicole Montalvo’s mom, Elaine, who recalled what happened in June 2016.

“The house phone rang and I answered and it was a girl and she asked if I was Nicole’s mother. I said yes and she said ‘you need to come pick Nicole up, I’m going to put her on the phone, Chris beat her up’,” Elaine Montalvo said.

She then goes into detail about what happened in October 2018.

“She told me that Chris... jumped her... took her, kidnapped her, and took her up to Poinciana and tried to kill her,” she said.

Other witnesses who spoke on the prior incidents included Nicole Montalvo’s sister, Christina, a detective, deputies who responded to the incidents, as well as a woman named Ashley Ferrell who took Nicole Montalvo on as a client at Help Now of Osceola. Help Now is a domestic abuse shelter that has an outreach program for victims.

“She was paralyzed with fear,” Ferrell said.

An inmate who met Otero-Rivera in jail and agreed to help him discredit Nicole Montalvo, to help win a custody battle, also took the stand.
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Due to the virus, the jury trial could be postponed again.
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Trial postponed in Nicole Montalvo killing until September
By Monivette Cordeiro
Orlando Sentinel |
Aug 11, 2020 at 11:05 AM
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The August trial for Nicole Montalvo’s estranged husband and in-laws was postponed by a judge Tuesday until the end of September amid the coronavirus pandemic.

Christopher Otero-Rivera and his father Angel Rivera are charged with second-degree murder, abuse of a body and tampering with evidence in the 2019 killing of the 33-year-old St. Cloud woman.
Trial postponed in Nicole Montalvo killing until September

 

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WATCH LIVE: Hearing resumes for 3 charged in St. Cloud woman’s death, dismemberment
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KISSIMMEE, Fla. – Three suspects charged in connection with the murder of a St. Cloud woman are due in court Wednesday in an effort to get evidence tossed from the case.

Prosecutors say Christopher Ortero-Rivera and his father, Angel Rivera, killed Christopher’s estranged wife, Nicole Montalvo, last year.

[RELATED: Crime scene photos, evidence released in Montalvo case]

Rivera’s wife, Wanda Rivera, is charged with accessory after the fact to murder and tampering with physical evidence.

Attorneys for the defendants argue the initial search of the family’s home was illegal so much of what was uncovered should not be allowed in court.