Two suspects accused of kidnapping a San Jose baby have made their first court appearance during an arraignment Thursday, however, the third suspect prosecutors initially believed to be involved was not present as he is no longer facing charges.
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Jose Portillo, 28, and Yesenia Ramirez, 43, were charged with conspiracy to commit a felony, kidnapping a child under the age of 14 and first-degree burglary after evidence showed the two plotted to snatch 3-month-old Brandon Cuellar from his grandmother's care, authorities stated in a criminal complaint.
Cuellar was kidnapped from his grandmother's house on Monday while his mother was at work. According to the District Attorney’s Office, Ramirez, who was a family friend, drove the grandmother to a local Walmart to go shopping. When they returned to the home on the 100 block of Elm St., Cuellar's grandmother left him on a bed while unpacking the car. Moments later, the child was gone.
Security footage captured the kidnapper walking out of the apartment with an infant car seat covered by a blanket. Police tracked the kidnapper's vehicle and found it was registered to Ramirez.
Cuellar was located one day later at Portillo's apartment, where he was subsequently arrested. A search warrant served on Ramirez's residence located numerous baby-care items, including baby formula, diapers of the same size worn by Cuellar and a baby rocker.
"The kidnapping of Baby Brandon sent a shudder through our whole community, not just us parents," District Attorney Jeff Rosen said. "The San Jose Police — who worked through the night to find and rescue this child — are the heroes of this story. Now, my office will go to work to hold his kidnappers accountable."
The third suspect, Baldomeo Sandoval, 37, was also arrested on Tuesday, as police believed he was connected to the kidnapping, however, San Jose officials revealed Thursday that he will be released from custody and is no longer facing charges, as details regarding his involvement have come to light.
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