The way I read this outcome is the State offered no evidence at the hearing - I wonder what the strategy is? It obviously upset her family - and I know he's still held on the other charge but this is alarming IMO.
Judge: State failed to file murder charge against man accused of killing estranged wife
Otera-Rivera’s court hearing lasted about two minutes on Tuesday. Montalvo’s supporters rushed out of the courtroom in tears after the judge announced his decision.
Nicole Montalvo's family reacts in an Osceola County courtroom on Tuesday, Dec. 3, 2019 after a judge ruled that her accused killer could be released.
“The state having not filed the charging document within the time period provided by the rules of criminal procedure ... the court has no option under law but to release the defendant on his own recognizance as to this case,” the judge said.
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A spokeswoman for the Office of the State Attorney said prosecutors have 21 days to file charges, and if none are filed, prosecutors are afforded a maximum of 180 days.