KISSIMMEE, Fla. — Osceola County Sheriff Russ Gibson said he feels his agency has given the State Attorney’s Office a strong case to prosecute Christopher Otero-Rivera and Angel Luis Rivera in the death of Nicole Montalvo.

Except no one has been formally charged.

“I’ve seen cases that there’s not even a body and people are convicted of murder,” Gibson said. 

Montalvo is a missing mom in St. Cloud whose body was found in October dismembered in the backyard of her in-laws’ home, Angel Luis Rivera and Wanda Rivera. Also living there at the time was their son Christopher Otero-Rivera, who Montalvo was divorcing.

“We’re disappointed with the decision of the State Attorney not to take this case and move forward with it,” Gibson said. 

Angel Rivera was charged with abuse of a dead body and failure to report a death but not her murder, while Otero-Rivera is being held for violating domestic injunction charges against Montalvo. 

“The Sheriff’s Office clearly doesn’t drag their feet. You’ve been out to the scenes, you have seen us working tirelessly, nearly around the clock. And we’ve had the community’s support. I am not pointing a finger here, we really want to see this case come to a jury of their peers,” Gibson said. “And they can make a determination… It’s called a grand jury and I think there’s enough information there to file formal charges and let a grand jury decide.”

We reached out to the State Attorney’s Office who sent us this statement:

“This is an on-going investigation and 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.”

But for Sheriff Gibson that’s just not enough right now.

“We want justice for their daughter, for that child’s mother, and we’re going to have that,” Gibson added. 

The Sheriff’s Office is sending forensics to approved laboratories from the State Attorney's Office instead of the Florida Department of Law Enforcement because FDLE is inundated with work. Sheriff Gibson said they’re doing this to get it all processed in a quicker fashion.