May 7, 2008: A Morris County Grand Jury returned an indictment charging two defendants who are citizens of Mexico, Mario Nieto-Rivera, age 34, and Marcos Jose Riveria, age 22.

Mario Nieto-Rivera is 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 than 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 "This is a great demonstration of fine police work on a homicide that was not discovered until many months after the crime had occurred. Once again, the dedication and talents of our attorney and legal staff, and that of the Montville Police Department and Morris County Sheriff's Office helped solve this case."

Both defendants are currently lodged in the Morris County Correctional Facility and immigration detainers have been lodged against both defendants. Nieto-Rivera is being held on $50,000.00 cash, bond or property bail set by the Honorable N. Peter Conforti. Riveria is being held on $75,000.00 cash, bond or property bail set by the Honorable N. Peter Conforti.

If convicted of all charges, defendant Nieto-Rivera faces a maximum potential custodial sentence of 30 years to life in New Jersey State Prison. If convicted of all charges, defendant Riveria faces a maximum potential custodial sentence of approximately 10 years in New Jersey State Prison.

Despite these pending charges, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt following a jury trial at which the defendant has all of his rights guaranteed by the U.S. and New Jersey Constitutions and relevant state law.

This case is being handled by Assistant Prosecutor Ralph Amirata, 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