KISSIMMEE, Fla. (WESH) —A judge ruled Tuesday that there is not enough evidence for the estranged husband of an Osceola County mother to be held in jail in the murder case, however, he will remain in jail on a probation violation.
Nicole Montalvo’s remains were found on an Osceola County property back in October.
Montalvo’s husband, Christopher Otero-Rivera, was arrested and named a person of interest in the case.
Several other members of Otero-Rivera’s family have also been implicated in the case. Otero-Rivera’s father, Angel Rivera, has been arrested in connection with Montalvo’s death.
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 sent WESH 2 News a statement last month indicating that her office is waiting on the sheriff’s office.
“We will remain in communication with the Osceola County Sheriff’s Office as they continue to investigate the nature and circumstances of the death of Nicole Montalvo in a manner that supports evidence-based prosecution,” the statement said.
Otero-Rivera’s attorney said there is a hearing in January in the violation of probation case.
Ann Marie Collins, a friend of Montalvo’s said she feels like the state has let her friend down.
“To hear that he could have been released if didn’t have the violation of probation is heartbreaking. If her gets out, he’s going to hurt somebody else,” Collins said.