Tue. Feb 25th, 2020

Florida AG: Charges could be filed in Nicole Montalvo murder case


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>> I WILL NO LONGER EXPOSE MY OFFICE AND MY HOMICIDE TEAM TO BLAME AND LIES. BOB: STATE ATTORNEY ARAMIS AYALA UNLOADED ON OSCEOLA COUNTY SHERIFF RUSS GIBSON AND HOW HE HAS HANDLED THE MURDER CASE OF NICOLE MONTALVO. MS. AYALA: I REFUSE TO BE PART OF A PUBLIC SPECTACLE THAT HAS BEEN CREATED BY THE SHERIFF. BOB: DEPUTIES IN OCTOBER ARRESTED MONTALVO’S ESTRANGED HUSBAND, CHRISTOPHER OTERO-RIVERA, AND HIS FATHER, ANGEL RIVERA, ACCUSING THEM OF KILLING HER, BUT THEY STILL HAVE NOT BEEN FORMALLY CHARGED WITH MURDER. AND DOCUMENTS WE OBTAINED THIS WEEK SHOW INVESTIGATORS DON’T APPEAR TO HAVE ANY EVIDENCE ABOUT WHO KILLED HER OR HOW. AYALA SAYS WITHOUT THOSE CRUCIAL PIECES THEY CAN’T DO MUCH WITH THE CASE. SHE SAYS THE SHERIFF IGNORED HER OFFICE’S ADVICE TO WAIT BEFORE MAKING AN ARREST, AND SHE CRITICIZED HIM FOR SAYING THIS SOON AFTER THE ARRESTS. SHERIFF GIBSON: THIS IS, IN MY HUMBLE OPINION, A DEATH PENALTY CASE. MS. AYALA: ON SEVERAL OCASSIONS, HE HAS OFFERED FACTS THAT ARE SIMPLY NOT TRUE. HE HAS MADE CONCLUSIONS THAT ARE IN DIRECT CONFLICT WITH THE EVIDENCE OR SIGNIFICANT LACK THEREOF. BOB: THE ISSUE NOW IS TIME. THE LAW SAYS THE STATE HAS 175 DAYS FROM THE TIME OF ARREST BEFORE THE SUSPECTS CAN DEMAND A SPEEDY TRIAL. AYALA’S COMMENTS CAME THE SAME DAY ONE OF THE ACCUSED KILLERS, ANGEL RIVERA, WAS BACK IN COURT. HE’D BEEN RELEASED FROM JAIL ON BOND EARLIER THIS WEEK, BUT PROSECUTORS SAY HE BROKE THE TERMS OF THAT BOND BY GOING BACK TO THE FAMILY’S HOME AND NOT TELLING THE TRUTH WHEN HE CLAIMED HE COULD LIVE AT HIS DAUGHTER’S HOUSE. SHE TESTIFIED SHE TURNED HIM AWAY. >> I’M NOT SURE WHAT HIS INTENTIONS WERE, BUT HE CAME TO MY PROPERTY, AND HE WAS TOLD THAT HE IS NOT WELCOME ON MY PROPERTY. BOB: THE JUDGE DID REVOKE RIVERA’S BOND. PEOPLE IN THE CROWD CLAPPED AS HE WAS SENT BACK TO JAIL. YOUR COMMENTS, SHE WOULD NOT SAY WHAT SHE MEANT WHEN SHE SAID THE SHERIFF MADE FALSE STATEMENTS. WE REACHED OUT TO THE SHERIFF’S OFFICE FOR COMMENT SEVERAL TIMES TODAY, I HAVE NOT F HEARD BACK. — BUT HAVE NOT HEARD BACK. SUMMER: A LOCAL SHERIFF IS SPEAKING OUT ABOUT HIS DEPUTIES’ USE OF DEADLY FORCE. MARION COUNTY SHERIFF BILLY WOODS DEFENDED HIS DEPUTIES, SAYING THEY HAD NO CHOICE BUT TO KILL A MAN WHO ALLEGEDLY THREATENED THEM WITH A KNIFE THIS WEEK. WESH 2’S MATT LUPOLI IS LIVE IN THE VILLAGES. MATT, WHAT ELSE DID THE SHERIFF HAVE TO SAY? MATT: THE SHERIFF HAD SOME VERY STRONG WORDS, CALLING IT A SENSELESS ATTACK ON LAW ENFORCEMENT AND SAYING HE DOESN’T KNOW YET THE MOTIVE BEHIND IT. THIS IS THE MAN THE SHERIFF SAYS WAS BEHIND THE ATTACK, THE MAN WHO HIS DEPUTIES KILLED TO DEFEND THEMSELVES. HE’S 51-YEAR-OLD ELIEZER PEREZ. DEPUTIES SAY HE JUMPED OUT OF A CAR AND RAN TOWARD THEM WITH A KNIFE WHILE THEY WERE GETTING GAS AT A CIRCLE K IN THE VILLAGES ON TUESDAY. PEREZ DIED FROM THE SHOOTING. THE DEPUTIES WERE NOT HURT. THE SHERIFF SAID INVESTIGATORS HAVE NOT FOUND ANY MOTIVE AS TO WHY PEREZ ALLEGEDLY LUNGED AT THE DEPUTIES WITH A KNIFE. THE SHERIFF TELLS US TOXICOLOGY TESTS WILL BE PART OF THE INVESTIGATION, AND THEY’RE NOT SURE YET WHETHER PEREZ HAD SOME KIND OF MENTAL ILLNESS. OFFICIALS DO POINT OUT, THOUGH, HE DID FACE JAIL TIME OVER AN ASSAULT AGAINST LAW ENFORCEMENT BEFORE IN SOUTH FLORIDA. THE SHERIFF SAYS HIS DEPUTIES HAD NO TIME TO DELIBERATE HOW MUCH OR WHAT FORCE TO USE AND SAYS HE SUPPORTS THE REACTION IN THE END. SHERIFF WOODS: ANY HESITATION COULD RESULT IN HARM — LET ME TAKE THAT BACK. ANY HESITATION WILL RESULT IN INJURY OR DEATH TO MY DEPUTIES , ANY DEPUTY, OR LAW ENFORCEMENT OFFICER. DO NOT QUESTION THAT. DO NOT DARE DO IT, NOT IN MY COUNTY. MATT: PEREZ’S BROTHER TOLD WESH 2 BY PHONE HE CAN’T IMAGINE HIS BROTHER CARRYING OUT AN UNPROVOKED ATTACK. THE SHERIFF SAID VIDEO RECORDINGS FROM THE DEPUTIES ‘ ’ BODY-WORN CAMERAS ARE PART OF THE INVESTIGATION, BUT THEY AREN’T BEING RELEASED NOW. THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT IS INVESTIGATING AS WELL. IN OCALA, MATT LUPOLI, WESH 2 NEWS. STEWART: IF YOU HAVE BEEN OUTSIDE, YOU CAN FEEL THE WINDS ARE CHANGING. SUMMER: TONY, WE ARE LOOKING AT CHANGES. TONY: WE ARE. THE FIRST CHANGE IN CAME TODAY WITH THAT WINDOW. WE JUMPED INTO THE EARLIER UPPER 70’S. NORTHEAST AT 23, GUSTS IN EXCESS OF 30 MILES PER HOUR. THAT WIND WILL PLAY AT AN IMPACT ON ALL THE WEEKEND ACTIVITIES WE HAVE SLATED, INCLUDING OUR FALCON 9 LANDING MISSION. NOTICE TEMPERATURES UP NORTH AROUND 70. WINK ANYWHERE FROM 23 TO 30 MILES AN HOUR ACROSS CENTRAL FLORIDA. THAT WILL BE PROBLEMATIC ALONG THE COAST. WE HAVE HIGH SURF ADVISORY’S FROM JACKSONVILLE ALL THE WAY DOWN TOWARDS MELBOURNE BEACH. WE EXPECT COASTAL FLOODING, LARGE SWELLS, AND BREAKING WAVES. THE 12 HOUR FORECAST, IF YOU HAVE PLANS, A GOOD SHAPE. COOL WITH A BIT OF A BREEZE. A LIGHT JACKET. IN THE NEXT MINUTES, WE WILL LOOK AT THE WEEKEND FORECAST. MUCH COLDER WEATHER ON THE WAY, AND WE HAVE THE FALCON 9 LAUNCH, COMING UP. SUMMER: ORLANDO POLICE SAY ONE OF THEIR SERGEANTS VIOLATED POLICY IN A SHOOTING THAT LEFT ANOTHER OFFICER IN A COMA. OFFICER KEVIN VALENCIA WAS SHOT IN 2018 WHILE RESPONDING TO A DOMESTIC VIOLENCE CALL. THE DEPARTMENT SAYS SERGEANT AMANDA WHITE GAVE VALENCIA PERMISSION TO BREAK DOWN THE DOOR OF THE APARTMENT WHERE THE SHOOTER WAS HIDING WITH FOUR KIDS. THAT MAN ENDED UP SHOOTING VALENCIA, THE CHILDREN, AND THEN HIMSELF. THE DEPARTMENT’S INTERNAL INVESTIGATION FOUND SERGEANT WHITE’S DECISION WASN’T WITHIN THEIR POLICIES OR PROCEDURES. SHE WAS SUSPENDED FOR EIGHT HOURS. VALENCIA IS STILL IN A COMA. STEWART: A WOMAN WAS ARR

Florida AG: Charges could be filed in Nicole Montalvo murder case

Florida Attorney General Ashely Moody weighed in Friday on the Nicole Montalvo murder case after the Orange-Osceola state attorney publicly stated that she does not like the way the Osceola sheriff has handled the case. In a letter to Gov. Ron DeSantis, Moody said that with the dispute between Aramis Ayala and Russ Gibson now public, she has the disagreements could result in a “miscarriage of justice.” “This morning State Attorney Ayala held a press conference. You and your office can review that press conference in its entirety, but it is safe to say that the dispute between Sheriff Gibson and State Attorney Ayala is now public, personal, and appears to be acrimonious. Such acrimony is not conducive to the administration of fair and effective justice,” the letter said. Montalvo’s remains were found on an Osceola County property in October. Montalvo’s husband, Christopher Otero-Rivera, was arrested and named a person of interest in the case, and several other members of Otero-Rivera’s family have also been implicated in the case. Otero-Rivera’s father, Angel Rivera, has also been arrested in connection with Montalvo’s death. Despite the arrests, no murder charges have been filed. During a news conference Friday, Ayala said that as her office worked with investigators on the case, she advised the sheriff against making an arrest, because once an arrest is made, the amount of time prosecutors have to bring a killer to justice is limited. “Had the sheriff followed the advice and listened to my office, we would have an unlimited amount of time to gather sufficient evidence for successful prosecution and conviction, which is exactly what Nicole and her family deserve,” Ayala said. Moody’s letter said that Gibson had reached out to the Attorney General’s Office and expressed his concerns about the lack of a charging decision and indicated there was disagreement between his personnel and State Attorney Ayala’s personnel. After meeting with the sheriff, the Office of Statewide Prosecution requested a meeting with Ayala to review the case. Moody said Ayala initially accepted the meeting, but canceled it Friday morning. She held the news conference about the case late Friday morning. Moody closes the letter by saying it is the opinion of the Office of Statewide Prosecution that there are charges that could be filed against Christopher Otero-Rivera and Angel Rivera.

OSCEOLA COUNTY, Fla. —

Florida Attorney General Ashely Moody weighed in Friday on the Nicole Montalvo murder case after the Orange-Osceola state attorney publicly stated that she does not like the way the Osceola sheriff has handled the case.

In a letter to Gov. Ron DeSantis, Moody said that with the dispute between Aramis Ayala and Russ Gibson now public, she has the disagreements could result in a “miscarriage of justice.”

“This morning State Attorney Ayala held a press conference. You and your office can review that press conference in its entirety, but it is safe to say that the dispute between Sheriff Gibson and State Attorney Ayala is now public, personal, and appears to be acrimonious. Such acrimony is not conducive to the administration of fair and effective justice,” the letter said.

Montalvo’s remains were found on an Osceola County property in October. Montalvo’s husband, Christopher Otero-Rivera, was arrested and named a person of interest in the case, and several other members of Otero-Rivera’s family have also been implicated in the case. Otero-Rivera’s father, Angel Rivera, has also been arrested in connection with Montalvo’s death. Despite the arrests, no murder charges have been filed.

During a news conference Friday, Ayala said that as her office worked with investigators on the case, she advised the sheriff against making an arrest, because once an arrest is made, the amount of time prosecutors have to bring a killer to justice is limited.

“Had the sheriff followed the advice and listened to my office, we would have an unlimited amount of time to gather sufficient evidence for successful prosecution and conviction, which is exactly what Nicole and her family deserve,” Ayala said.

Moody’s

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