Man who is suspect in estranged wife's murder wants out of jail

11:20:19OSCOOSCEO - An Osceola County man accused of murdering and dismembering his estranged wife is asking for his case to go before a judge. 

Christopher Otero-Rivera’s defense attorney has filed a Motion For An Adversary Preliminary Hearing, saying there is insufficient evidence to support finding probable cause and that the Otero-Rivera should be released on his own recognizance.

In the motion, Otero’s attorney points out that Otero was arrested on October 27, 2019, remains incarcerated at the county jail and that the State Attorney’s Office did not file charges within 21 days of the arrest.  Because of that, Otero’s attorney says he should have the right to an adversary preliminary hearing on the felony charges against him.  

Deputies say Christopher Otero-Rivera killed Nicole Montalvo last month, and they allege they have collected evidence found on property belonging to Otero-Rivera’s parents, where he had been living. 

The State Attorney's Office sent FOX 35 News a statement, which read,  "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.  We will remain in communication with the Osceola County Sheriff's Office as they continue to investigate the nature and circumstances of the death of Nicole Montalvo in a manner that supports an evidence-based prosecution."

The Osceola County Sheriffs Office did not respond to our request for comment.