OSCEOLA COUNTY, Fla. — Investigators believe the body of an Osceola County mother was “cut into pieces” and buried by her estranged husband and her father-in-law, according to newly released documents.
Formal murder charges against Nicole Montalvo’s estranged husband, Christopher Otero-Rivera, and her father-in-law, Angel Rivera, have not yet been filed. Investigators said the investigation remains ongoing.
But both men were arrested on separate charges and remain in jail despite efforts by their attorneys this week to have them released.
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According to a newly unsealed affidavit, witnesses said they saw Rivera operating an excavator near where Montalvo’s body was found, and Otero-Rivera’s GPS monitoring system placed him near the burial site.
The affidavit says in part that “Nicole was killed and her body cut into pieces and then buried by Angel and Christopher.”
The affidavit also states that Montalvo was in a custody fight with the Riveras' over her young son. The document states that Montalvo's cell phone records show she arrived at the family's property on Oct. 21 and never left. She was reported missing the next day when she didn't show up to work.
On Thursday, a judge set Rivera’s bond for those charges at a total of $350,000.
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If Rivera is released on bail, the judge ruled he cannot have contact with his wife, two sons or any relatives of Montalvo. He also must surrender his passport and cannot return to the alleged crime scenes, which include his home.
Rivera's attorney told Channel 9 reporter Shannon Butler that he intends to appeal the judge's decision and argue for a lower bond.
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A judge ruled Tuesday that Otero-Rivera could not be held in jail since the state hasn't officially filed murder charges against him, either. But he was not set free because of a charge of violation of probation.
Both men remain in jail.
This is a developing story. Stay tuned to Eyewitness News for updates.
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