DAYTONA BEACH, Fla. -- Luis Toledo, the man Volusia County investigators are calling a person of interest in the case of a missing mom and kids, has been ordered back to Seminole County.
Toledo is facing a domestic battery charge in Lake Mary for allegedly hitting his wife, Yessenia Suarez.
Suarez and her two children, Thalia Otto, 9, and Michael Otto, 8, have been missing since Tuesday. Deputies believe all three are dead; their focus has turned to recovering the bodies.
A family member called the Volusia County Sheriff's Office on Wednesday and asked it to conduct a well-being check on Suarez at her home in Deltona. According to deputies, Suarez had been the victim of domestic violence in Lake Mary the day before.
When deputies arrived Suarez and her two children were not home but Toledo arrived a short time later. He was arrested on the domestic battery charge and booked into the Volusia County jail.
During his first appearance, Toledo told the judge he was illegally detained without a warrant.
His public defender, Roger Lewis, said Friday a more serious charge could be filed soon.
"I have been alerted by my office that this is a potential first-degree murder charge," said Lewis.
Despite deputies saying they believe all three victims are dead, Suarez's father, who flew in from Puerto Rico on Thursday night is still holding out hope.
"I already lost one son back in 2001, he killed himself, and I know God won't do that again, especially not with my two grandchildren," said Emilio Suarez.
The Florida Department of Law Enforcement and the Seminole County Sheriff's Office are helping the Volusia County Sheriff's Office with the search efforts.