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Man accused of murdering wife could be released after judge says state failed to file charges

His attorney asked for him to be released after the judge said the prosecutors missed the deadline.
Credit: Osceola County Sheriff's Office

KISSIMMEE, Fla. — A man accused of murdering his wife may be released from jail after the judge says prosecutors didn't file a murder charge against him on time, CBS affiliate WKMG reports.

Christopher Otero-Rivera, 32, was arrested on murder charges, after investigators say Nicole Montalvo's dismembered body was found on the property where Rivera lived with his parents. 

Otero-Rivera was being held without bond for violating probation and a separate violation of a domestic injunction charge, according to the Osceola County Corrections website.

The judge said, however, the state failed to file the charging documents for the murder charges before the deadline.

According to WKMG, the judge said “The state having not filed the charging document within the time period provided by the rules of criminal procedure ... the court has no option under law but to release the defendant on his own recognizance as to this case."

WKMG also reports Otero-Rivera's father and mother have been charged in the wife's murder as well.

The state attorney's office said prosecutors have 21 days to file charges and are given a maximum of 180 days. Otero-Rivera's attorney has asked the judge to free him since he has not been officially charged with the 21 days, which is required by law.

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