KISSIMMEE, Fla. — Florida Attorney General Ashley Moody says the "public and personal" dispute between Sheriff Russ Gibson and State Attorney Aramis Ayala over the handling of the Nicole Montalvo case could lead to a "miscarriage of justice."

Moody stepped into the case Friday afternoon in a letter to Gov. Ron DeSantis, bringing to his attention "a situation in Osceola County that ... seems to be escalating in a matter not conducive to the ends of justice," it said.

The letter was sent hours after the Orange-Osceola state attorney held a news conference to blast Gibson for creating a "public spectacle" and offering "falsehoods and self-fulfilling statements" in the investigation into the October 2019 slaying of St. Cloud mom Montalvo.

"I will no longer expose my office and homicide team to blame and lies while those who privately accept the help and utilize their help but publicly degrade them and their judgment," Ayala said.

Ayala said her office had given "clear directives" to Gibson not to make any arrests yet, because once an arrest is made, prosecutors must bring an accused person to justice in a certain amount of time.

"Without an arrest, a speedy trial is not an issue. There's no statute of limitations," Ayala said. "But now that time is limited."

"The sheriff blatantly ignored our advice not to arrest in this case. Instead, prior to being able to provide admissible evidence regarding the manner of death and who actually killed Nicole Montalvo, he chose to go on TV and ask for the death penalty in this case," she said.

"Not only was it out of order, it was disingenuous."

Ayala said she was reaching out now to urge anyone in the community with information in the case to come forward.

"What people have heard (about the case) is not accurate. So if they have information, please come forward," she said.

Montalvo's brother, Steven, was at her side.

"There are people out there that know things. We will never be able to move forward as a community, as a family, unless you do," Steven Montalvo said.

In her letter to DeSantis, Moody said Gibson had recently contacted her office about the case, saying that he was concerned about the delay in filing charges that resulted in the release from jail on bond of Montalvo's father-in-law, Angel Luis Rivera, and her estranged husband, Christopher Otera-Rivera.

They are charged in connection to Montalvo's killing. Earlier Friday, Rivera was ordered back to jail on a bond violation.

In a statement, Gibson said in a statement that he's pushing for Ayala to be removed from the case and for it to be handed over to Moody's office.

Regardless of what happens, "it is safe to say that the dispute between Sheriff Gibson and State Attorney Ayala is now public, personal, and appears to be acrimonious," Moody's letter said. "Such acrimony is not conducive to the adminstration of fair and effective justice."

Moody said her office's preliminary opinion is that there are charges that could be filed against Rivera and Otera-Rivera. But she tempered that by saying that could change as they take a deep dive into the evidence presented in the case.

"In any event, the speedy trial timeline is running, and I am concerned that the dispute and disagreement between the Sheriff and State Attorney... could result in a miscarriage of justice," Moody said.

Angel Rivera ordered back to jail

Angel Luis Rivera, the father-in-law of Montalvo who posted bail just a few days ago, was ordered back to jail Friday after a "significant violation" of the terms of his bond, a judge ruled.

Rivera, who is charged in connection to Montalvo's death, appeared at the Osceola County Courthouse on Friday morning for a hearing during which prosecutors asked for his bond to be revoked.

He was released from jail January 10 after posting a reduced bond of $160,000.

During the hearing Friday, a witness told the courtroom that he saw Rivera at his home, which is where Montalvo's remains were recovered in October 2019. 

One of the terms of Rivera's bond was that he was not to go near the crime scene.

Rivera’s attorney, Frank Bankowitz, told the judge that his client did not get out of his red SUV and never stepped onto the property. 

“I was told to stay away from the house. I stayed away from the house,” Rivera testified. He said he was trying to get some belongings from the home but was waiting to be escorted by the Sheriff’s Office.

The judge ruled that Rivera knew the home was an active crime scene and said it was "a significant violation" of the conditions of his bond.

Rivera faces charges of abuse of a dead body and failure to report a death.

Read it: Florida AG's letter raising concerns about Montalvo case

Angel Luis Rivera, the father-in-law of slain St. Cloud mom Nicole Montalvo, appears in an Osceola County courtroom on Friday. Prosecutors were asking the court to revoke his bond. (Stephanie Bechara/Spectrum News)
Angel Luis Rivera, the father-in-law of slain St. Cloud mom Nicole Montalvo, appears in an Osceola County courtroom on Friday. Prosecutors were asking the court to revoke his bond. (Stephanie Bechara/Spectrum News)