Judge: State failed to file murder charge against man accused of killing estranged wife

in St. Cloud News & Events

SOURCE: ClickOrlando.com

KISSIMMEE, Fla. – A man accused of killing his estranged wife could be released from jail in that case after a judge ruled Tuesday that the state missed the deadline to file an affidavit on the murder charge.

Christopher Otero-Rivera was arrested on murder charges in October in connection with the death of Nicole Montalvo. According to investigators, her dismembered body was found on the property Rivera lived on with his parents.

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.

Those who knew Nicole Montalvo react in an Osceola County courtroom on Tuesday, Dec. 3, 2019 after a judge ruled that her accused killer could be released.
Those who knew Nicole Montalvo react 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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