OSCEOLA COUNTY, Fla. — The man accused of killing his daughter-in-law is facing even more charges in connection with the case.
Angel Rivera was charged late Wednesday with abuse of a dead body and failure to report death, according to jail records.
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The new charges mean he won't likely get out of jail Thursday. His attorney filed a motion asking that he be released because the state has yet to file a murder charge against him.
On Tuesday, a judge ruled that Rivera's son, Christopher Otero-Rivera, could not be held in jail since the state hasn't officially filed murder charges against him either.
Both men were arrested in October related to the slaying of Nicole Montalvo.
Investigators said the Osceola County mother was found buried in the yard of the family's home.
Those close to Montalvo said Tuesday that the state failed her.
A judge said Tuesday afternoon 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.
But they said they are still working with the Osceola County Sheriff's Office and the investigation is long from over.
The ruling will not set Otero-Rivera free because of a charge of violation of probation. He was led back to jail after a judge ruled he could not be held for murder.
Otero-Rivera's attorney filed a motion asking that he be freed after the state failed to officially file charges for murder in a 21-day time frame.
Rivera's attorney filed a similar motion. He is also charged with possession of ammunition by a convicted felon, but has a $10,000 bond on that charge and can walk out of jail if he posts bail, if the judge rules in his favor on Thursday.
The sheriff's office said it’s still investigating the case and more evidence could come. Murder charges can be filed in the future.
Otero-Rivera was on probation for another incident involving Montalvo and was not to have contact with her.
A hearing on that is scheduled for next month.
Cox Media Group