Prosecutors delay charging man accused of killing estranged wife in Osceola County

OSCEOLA COUNTY, Fla. — The arrest of a man accused of killing an Osceola County mother may have come too quickly for prosecutors.

Christopher Otero-Rivera was arrested on suspicion of first-degree murder Oct. 27 after the body of his estranged wife, Nicole Montalvo, was found on a property he owns.

Otero-Rivera was first arrested on a violation of probation charge after detectives said he violated a domestic violence injunction.

Officials said he admitted to texting and talking to Montalvo days before she was found dead.

Two days after his arrest, officials announced they were charging Otero-Rivera and his father, Angel Rivera, with murder. However, the state had 21 days to file those charges and did not meet the time frame.

Sources told Channel 9 the state needs more evidence to charge Otero-Rivera with murder.

It's unclear if officials will have more evidence before a hearing asking for Otero-Rivera to be released from jail takes place.

State Attorney Aramis Ayala's office released a statement regarding the deadline:

"The State Attorney's Office is responsible for the prosecution of criminal matters and is consistently mindful of statutory deadlines triggered upon the arrest of a suspect."

Ayala's office said it is still working with the Sheriff's Office for evidence on which to base prosecution.

It is unclear what evidence the state still needs to see.

A spokesperson said a state attorney was on the scene working with detectives when Otero-Rivera was arrested and a judge found probable cause to issue Otero-Rivera a warrant for murder.

A sheriff's spokesperson released a statement regarding the investigation:

"(Detectives) Continue to investigate to ensure that every piece of evidence and information in this case is uncovered and brought forth and made available to prosecutors. Since the beginning, and every step of the way, we have been in close communication with the victim's family and we will continue to be."

Otero-Rivera is being held without bail for violation of probation, and his hearing is set for January 2020.

There hasn't been a request for a hearing for his father.

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Cox Media Group