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Filing # 105227684 E-Filed 03/20/2020 02:33:06 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
STATE OF FLORIDA, CASE NO: 2019-CF-003738-A-OS
Plaintiff,
vs.
CHRISTOPHER OTERO-RIVERA,
Defendant.
STATE OF FLORIDA’S NOTICE OF INTENT TO INTRODUCE EVIDENCE OF
OTHER CRIMES, WRONGS OR ACTS REGARDING
THE MURDER OF NICOLE MONTALVO
Comes now the State of Florida, by and through its undersigned State Attorney, and files
this Notice to inform the Court and Counsel regarding the State of Florida’s intent to call witnesses
relating to other crimes, wrongs, or acts to prove motive and/or intent of the Defendant.
June 16, 2016 Incident
The State intends to call Elaine Montalvo who, on June 16, 2016, received a telephone call
from her daughter, Nicole Montalvo, who stated that Christopher Rivera had beaten her up. Elaine
Montalvo called law enforcement and then responded to her daughter’s location. Upon arrival, she
found her daughter emotional and crying with physical injuries to her face and head. Nicole related
to her that Christopher had dragged her by the hair, hit her and head butted her.
The State intends to call Deputy L. Castillo who responded to the call for service on June
16, 2016 and found Nicole Montalvo crying and emotional. She had injury to her forehead and
injuries to her face, lip mouth and left arm, right hip and back. She also described to him how she
received these injuries from Christopher Rivera. Photographs of Nicole Montalvo’s injuries were
taken and she was examined at the hospital.
October 3, 2018 Incident
The State intends to call Elaine Montalvo who was present at her home on or about
1October 3, 2018 to testify as to excited utterances of the victim, Nicole Montalvo, concerning a
battery committed upon her by the Defendant. Elaine Montalvo will testify that Nicole Montalvo
returned home late after work emotional and upset. She stated that Christopher Rivera had called
her requesting she assist him with his truck that had broken down. She was directed to an
isolated area and then was beaten, choked and threatened by Christopher Rivera and Toni
Rocker. She stated that Christopher Rivera also twisted her head in an attempt to break her neck.
Nicole’s sister, Christina Montalvo, called law enforcement and this information was relayed to a
911 dispatcher.
The State intends to call Deputy Robert Hansell, Jr. and Detective G. Davila of the Osceola
County Sheriffs Department who can testify as to Nicole Montalvo’s appearance, photographs
that were taken of her face and that Christopher Rivera was interviewed regarding the offense.
The State intends to introduce Nicole Montalvo’s sworn petition in the domestic violence
injunction proceeding 2018-DR-4250 as former testimony as to the facts set forth in the petition
related to this same incident.
The State intends to introduce the final order entered by the court in injunction proceeding
2018-DR-4250 which indicates that the injunction gave custody of Elijah Rivera, Nicole Montalvo
and Christopher Rivera’s child, to Nicole Montalvo and required that Christopher Rivera have no
contact with Nicole Montalvo.
The State intends to introduce the audio and transcript of the final hearing proceeding in
2018-DR-4250 to prove that Christopher Rivera was given the opportunity to confront or cross
examine Nicole Montalvo at the hearing.
Divorce Proceeding
The State of Florida intends to introduce the Petition for Dissolution of Marriage with
Dependent Minor Child filed by Nicole Montalvo on February 4, 2019 along with the Proposed
Parenting Plan, proof of service, Answer to Petition for Dissolution of Marriage filed byChristopher Otero Rivera, Order of Referral to Mediation and Mediator Report. To show that
Nicole Montalvo was seeking a divorce with full custody of the child Elijah Rivera.
Respectfully submitted this ___20th day of March, 2020.
/s
Brad King
Assigned State Attorney
Fla. Bar #341045
Office of the State Attorney
110 NW 1* Avenue, Suite 5000
Ocala, Fl 34471
Telephone: (352) 671-5914
bking@saoS.org
Certificate of Service
Notice of Intent to Introduce Evidence of Other Crimes
I HEREBY CERTIFY that a true copy of the foregoing has been furnished to
Migdalia Perez, 517 Bryan St, Kissimmee, FL 34741, Kimberly Lasure, 517 Bryan St, Kissimmee,
FL 34741, this 20th day of March, 2020.
/s
Brad King
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Filing # 105227684 E-Filed 03/20/2020 02:33:06 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA STATE OF FLORIDA, CASE NO: 2019-CF-003738-A-OS Plaintiff, vs. CHRISTOPHER OTERO-RIVERA, Defendant. STATE OF FLORIDA’S NOTICE OF INTENT TO INTRODUCE EVIDENCE OF OTHER CRIMES, WRONGS OR ACTS REGARDING THE MURDER OF NICOLE MONTALVO Comes now the State of Florida, by and through its undersigned State Attorney, and files this Notice to inform the Court and Counsel regarding the State of Florida’s intent to call witnesses relating to other crimes, wrongs, or acts to prove motive and/or intent of the Defendant. June 16, 2016 Incident The State intends to call Elaine Montalvo who, on June 16, 2016, received a telephone call from her daughter, Nicole Montalvo, who stated that Christopher Rivera had beaten her up. Elaine Montalvo called law enforcement and then responded to her daughter’s location. Upon arrival, she found her daughter emotional and crying with physical injuries to her face and head. Nicole related to her that Christopher had dragged her by the hair, hit her and head butted her. The State intends to call Deputy L. Castillo who responded to the call for service on June 16, 2016 and found Nicole Montalvo crying and emotional. She had injury to her forehead and injuries to her face, lip mouth and left arm, right hip and back. She also described to him how she received these injuries from Christopher Rivera. Photographs of Nicole Montalvo’s injuries were taken and she was examined at the hospital. October 3, 2018 Incident The State intends to call Elaine Montalvo who was present at her home on or about 1October 3, 2018 to testify as to excited utterances of the victim, Nicole Montalvo, concerning a battery committed upon her by the Defendant. Elaine Montalvo will testify that Nicole Montalvo returned home late after work emotional and upset. She stated that Christopher Rivera had called her requesting she assist him with his truck that had broken down. She was directed to an isolated area and then was beaten, choked and threatened by Christopher Rivera and Toni Rocker. She stated that Christopher Rivera also twisted her head in an attempt to break her neck. Nicole’s sister, Christina Montalvo, called law enforcement and this information was relayed to a 911 dispatcher. The State intends to call Deputy Robert Hansell, Jr. and Detective G. Davila of the Osceola County Sheriffs Department who can testify as to Nicole Montalvo’s appearance, photographs that were taken of her face and that Christopher Rivera was interviewed regarding the offense. The State intends to introduce Nicole Montalvo’s sworn petition in the domestic violence injunction proceeding 2018-DR-4250 as former testimony as to the facts set forth in the petition related to this same incident. The State intends to introduce the final order entered by the court in injunction proceeding 2018-DR-4250 which indicates that the injunction gave custody of Elijah Rivera, Nicole Montalvo and Christopher Rivera’s child, to Nicole Montalvo and required that Christopher Rivera have no contact with Nicole Montalvo. The State intends to introduce the audio and transcript of the final hearing proceeding in 2018-DR-4250 to prove that Christopher Rivera was given the opportunity to confront or cross examine Nicole Montalvo at the hearing. Divorce Proceeding The State of Florida intends to introduce the Petition for Dissolution of Marriage with Dependent Minor Child filed by Nicole Montalvo on February 4, 2019 along with the Proposed Parenting Plan, proof of service, Answer to Petition for Dissolution of Marriage filed byChristopher Otero Rivera, Order of Referral to Mediation and Mediator Report. To show that Nicole Montalvo was seeking a divorce with full custody of the child Elijah Rivera. Respectfully submitted this ___20th day of March, 2020. /s Brad King Assigned State Attorney Fla. Bar #341045 Office of the State Attorney 110 NW 1* Avenue, Suite 5000 Ocala, Fl 34471 Telephone: (352) 671-5914 bking@saoS.org Certificate of Service Notice of Intent to Introduce Evidence of Other Crimes I HEREBY CERTIFY that a true copy of the foregoing has been furnished to Migdalia Perez, 517 Bryan St, Kissimmee, FL 34741, Kimberly Lasure, 517 Bryan St, Kissimmee, FL 34741, this 20th day of March, 2020. /s Brad King