The man accused by deputies of killing St. Cloud mom Nicole Montalvo will no longer be held in jail on murder charges, an Osceola County judge ruled Tuesday afternoon. The State Attorney’s Office told Spectrum News 13 on Tuesday that it did not miss any deadline “within which we could have legally proceeded.”

“Our prosecutors will continue to work with the Osceola County Sheriff’s Office as this open and active investigation continues,” it said in an emailed statement.

Attorney and legal expert Jonathan Rose says while he’s in jail for now, there could be a way for Otero-Rivera to be released.

“Once the violation of probation case is resolved, then conceivably he could get out of jail,” Rose said.

But Rose said his release is unlikely. With the violation of probation on serious domestic violence charges, Rose said Otero-Rivera has lost his right to bond.

To read the full Spectrum News 13 article, please click here.