Prosecutors say new evidence casts reasonable doubt on whether Wanda Rivera helped removed a vehicle in connection to the murder and dismemberment of daughter-in-law Nicole Montalvo.
Prosecutors say new evidence casts reasonable doubt on whether Wanda Rivera helped removed a vehicle in connection to the murder and dismemberment of daughter-in-law Nicole Montalvo.
Prosecutors say new evidence casts reasonable doubt on whether Wanda Rivera helped removed a vehicle in connection to the murder and dismemberment of daughter-in-law Nicole Montalvo.
Filing # 122605166 E-Filed 03/05/2021 03:33:08 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
OF THE STATE OF FLORIDA, IN AND FOR OSCEOLA COUNTY
STATE OF FLORIDA CASE NOs. 49-2019-CF-003738-A
49-2019-CF-004126-B
49-2019-CF-003814-C
vs.
CHRISTOPHER OTERO-RIVERA (A)
ANGEL LUIS RIVERA (B)
WANDA RIVERA (C)
NOLLE PROSE¢
Comes now the State of Florida, by and through its undersigned, Designated Assistant
State Attorney, and enters its announcement of nolle prosequi against the Defendant, WANDA
RIVERA, in the above entitled cause based on the following grounds:
The State has received new evidence that creates a reasonable doubt as to the charges
alleged in the Second Amended Information against Wanda Rivera. This evidence consists of
cell phone analysis supporting the conclusion that co-defendants Christopher Otero-Rivera and
Angel Rivera removed victim Nicole Montalvo’s vehicle from their property on the moming of
Tuesday, October 22, 2019. This new evidence is inconsistent with the evidence upon which the
charges were filed that supported the State’s belief Wanda Rivera assisted Angel Rivera in
removing the vehicle on the evening of Monday, October 21, 2019. While this new evidence is
not conclusive as to the nature and timing of the vehicle’s removal, it creates a reasonable doubt
as to Wanda Rivera’s guilt and ethically obligates dismissal in the interests of justice.
This action acts to dismiss the charges against co-defendant WANDA RIVERA only, as
found in Counts III (as to WANDA RIVERA only), IV, and V, constituting any and all charges
in 49-2019-CF-003814,
DATED this Sth day of March, 2021
I HEREBY CERTIFY that a copy of the above has been furnished to Susan M Malove,
390 N Orange Ave Suite 2300, Orlando, FL 32801, by hand or mail delivery or clectronie service
this Sth day of March, 2021
0.2020-25256PAGE 2
NOLLE PROSEQUI
STATE OF FLORIDA vs, WANDA RIVERA
2019-CF-003814-A
WILLIAM M GLADSON
STATE ATTORNEY
FIFTH JUDICIAL CIRCUIT OF FLORIDA
BY /s/ Matthew Rvan Williams
Matthew Ryan Williams
Assistant State Attorney
Fla, Bar # 028645
425 N. Orange Ave.
Box 63
Orlando, FL 32801
(407) 254-8112
Rwilliams@sa05.org