Angel Luis Rivera and his son, Christopher Otera-Rivera, were arrested in October in connection with the death of Otera-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, and he will appear before a judge Thursday afternoon to determine whether he will be granted bond and he could possibly be released from jail. The other charges include abuse of a body and failure to report a death.