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Montville Homicide Sentencing

September 19, 2008: Today, Parsippany resident Marcos Riveria, 24 years old, and Montville resident Mario Nieto-Rivera, age 34, were sentenced by the Honorable Thomas V. Manahan, P.J.Cr. Nieto-Rivera was sentenced to 15 years in New Jersey State Prison. Riveria was sentenced to five years in New Jersey State Prison.

On May 7, 2008, a Morris County Grand Jury returned an indictment charging the defendants, who are citizens of Mexico.

Mario Nieto-Rivera was charged with:

One count of First Degree Murder
One count of Third Degree Hindering Apprehension
One count of Second Degree Tampering with Human Remains

Marcos Jose Riveria was charged with:

Third Degree Hindering Apprehension
Second Degree Tampering with Human Remains

The charges stem from the discovery of human skeletal remains on October 12, 2006 in the area of 11 Chapin Road in Montville. The remains were removed from the scene. All bones were examined and a skeletal structure was reconstructed piece by piece as part of the forensic examination. An autopsy was conducted and Dr. Carlos Fonseca of the Morris County Medical Examiner's Office determined that the decedent had suffered a skull fracture, multiple rib fractures as well as other injuries. The cause of death was multiple blunt force trauma and the manner of death was determined to be homicide. The victim had distinctive cosmetic dentition, namely, two upside down hearts on his front teeth. The remains were positively identified as those of Alfredo De Los Santos-Francisco.

Further investigation revealed that the defendants were known acquaintances of the victim. It was ultimately determined that an argument had taken place between the victim and Nieto-Rivera at which time Nieto Rivera began punching and kicking the victim. Nieto-Rivera then slammed the victim's head against the wall until the victim was unresponsive, at which time he dragged the victim down the stairs. The two defendants then retrieved a large piece of plastic and wrapped the body in it and carried it to the area of 11 Chapin Road where it was placed into a wooded area.

Prosecutor Bianchi stated "I applaud the forensic police and investigative work that led to the identity of the victim and the eventual arrest and prosecution of the defendant. The sentence imposed reflects the Morris County Prosecutor's Office's commitment to punish those who commit violent crimes in our county."

This case is being handled by Assistant Prosecutor Leslie Wade, Esq. Nieto-Rivera is represented by Jessica Moses, Esq., of Morristown and Riveria is represented by William Johnson Esq. of Dover.

Media Contact: Agent Robyn D'Onofrio


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