OSCEOLA COUNTY, Fla. — Nicole Montalvo, who was seen last week in St. Cloud and her remains were discovered over the weekend, was kidnapped and held at knifepoint a year ago by her estranged husband and another woman, according to an Osceola County Sheriff's Office affidavit. 

Montalvo's estranged husband Christopher Otero-Rivera and father-in-law Angel Rivera were charged with her murder on Sunday. However, according to an affidavit, he allegedly threaten her life a year ago.

On October 3, 2018, Montalvo received a text from Otero-Rivera that his truck battery was dead and he needed a ride. She drove to meet him at a Walmart on 4400 13th Street in St. Cloud, and he got into her gray Saturn.

As they drove down Southport Road in Poinciana, they parked at an isolated part of the road when a vehicle pulled up next to the Saturn, according to an affidavit. 

A woman known to Montalvo came out of the vehicle and "ripped" Montalvo out of her Saturn, tearing her black shirt as she was thrown to the ground, stated the affidavit.

Otero-Rivera got out of the Saturn and was on top of Montalvo as the woman tried to put a piece of cloth in Montalvo's mouth. As Montalvo spit the cloth out of her mouth, it was shoved back in by the woman, who covered Montalvo's nose and mouth, the affidavit continued.

Otero-Rivera allegedly "'slapped' Montalvo across the face several times because he didn't like that Montalvo was talking to a friend via text and for taking his son," the affidavit stated.

As he got off her chest, Otero-Rivera went through her cell phone, when he became upset and allegedly grabbed Montalvo by the hair and threw her to the ground, according to the affidavit.

"Once on the ground Christopher grabbed Nicole's head and 'attempted to break' her neck," continued the document.

After struggling to free herself and being allowed off the ground by Otero-Rivera, the other woman allegedly pulled a knife and placed it against Montalvo's neck, threatening to slit her throat if she told anyone about what had happened, the affidavit stated.

Otero-Rivera made Montalvo to get back into the Saturn and drive him to the RaceTrac gas station on 4541 Pleasant Hill Rd., with Rocker following them.

"While at the gas station, Christopher told Nicole that she was to tell her mother and father that some black guys jumped her at a red light. Christopher told Nicole that if she called the police or told anyone the truth, that he and the woman would 'come after' and she would be 'killed,'" the affidavit said.

He then forced her to drive him to the Friendly Village Inn at 2550 East Irlo Bronson Memorial Highway in Kissimmee and Otero-Rivera was dropped off at his room.

Once Montalvo got home, she noticed that about $40 and debit cards were missing.

The affidavit noted that the Osceola County Sheriff's Office deputy noticed that Montalvo's face was swollen and red and that her swelling lips had dried blood on them as he was writing the report.

As Montalvo was speaking with the deputy, the St. Cloud Police Department made contact with Otero-Rivera and the woman, who were in Rocker's Mazda "around the corner from Nicole's residence," confirmed the affidavit, which stated that Montalvo's money and debit cards were found in Otero-Rivera's wallet.

According to court documents, the state declined to prosecute the more serious charges of kidnapping with intent to inflict bodily harm and robbery during a plea deal. And the judge put a withhold of adjudication for Otero-Rivera for the charges of tampering with a witness to hinder communication to law enforcement, unlawful possession of a stolen debit card, and battery.

The other woman was acquitted of the charges against her, according to court records. On Thursday, she was charged for violating her probation by testing positive for cocaine in her system in September 2019.

Montalvo was last seen Monday evening after she dropped her son off with his father and grandparents on Hixon Avenue in St. Cloud. She was supposed to pick up her son Tuesday from Harmony School, but she never showed up.

On Sunday, investigators uncovered what they believe to be more human remains at the Rivera’s property on Henry J. Avenue, stated authorities. That property is a few blocks from their home on Hixon Avenue, where human remains were found on Friday.