On Thursday, new documents were released pertaining to Angel Luis Rivera and his son, Chris Otera Rivera, that show more information about the death of St. Cloud mom Nicole Montalvo.
The affidavit shows that witnesses observed Angel Rivera using an excavator at his home near the location where Montalvo’s body was eventually found, and that Chris Otero-Rivera’s GPS monitoring system shows he was also in that area.
Angel Rivera’s attorney filed a motion requesting that he be released because the state had not filed a murder charge against him during the 21-day time frame, however, he was charged late Wednesday with abuse of a dead body and failure to report death, according to jail records, which prevented him from being released.
The new documents say that Montalvo’s remains were found at the Rivera home and look to have been cut with some type of cutting device.
The newly released affidavit included that “Nicole was killed and her body cut into pieces and then buried by Angel and Christopher.”
On Tuesday, a judge ruled that Rivera’s son, Christopher Otero-Rivera, could no longer be held in jail since the state hadn’t officially filed murder charges against him, and that the court could not legally proceed because it didn’t have enough evidence given to them to file a murder charge against Otero-Rivera.
According to the state, they are still working with the Osceola County Sheriff’s Office and the investigation is not complete.
The ruling on Tuesday did not allow Otero-Rivera to be released from jail because of a charge of violation of probation, although the judge ruled he could not be held for murder.
The Osceola County Sheriff’s office stated that it’s still investigating the Montalvo murder case and that more evidence could come. Murder charges can be filed again in the future.