SAN JOSE, Calif. (KRON) — One of the three suspects arrested on suspicion of kidnapping baby Brandon will not be charged by the Santa Clara County District Attorney’s office, according to court documents.

Baldomeo Sandoval, 37, was not charged with a crime, while Jose Roman Portillo, 28, and Yesenia Ramirez, 43, will be formally charged on Thursday. The two are to appear before a judge on Wednesday, and face charges of kidnapping a child under 14, first-degree burglary, and conspiracy, according to the court documents.

Sandoval was released from custody.

“The kidnapping of Baby Brandon sent a shudder through our whole community, not just us parents,” San Jose District Attorney Jeff Rosen said in a statement. “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 indictment lists eight alleged acts that go to show the existence of a conspiracy:

  • Ramirez was with baby Brandon prior to the kidnapping,
  • Ramirez provided Portillo a vehicle,
  • Ramirez obtained a car seat sometime between April 1 and 25 to give to Portillo in the vehicle she provided him,
  • Portillo “obtained items necessary to care for victim including diapers and formula,”
  • Portillo went to the apartment where baby Brandon was,
  • Portillo took baby Brandon and left the scene on April 25,
  • Portillo took baby Brandon to his home in the vehicle Ramirez provided him, and kept the vehicle there,
  • Portillo kept Brandon at the home until the latter was found the following day.

San Jose Police Sergeant Christian Camarillo said on Wednesday the family of the baby knew the female suspect Ramirez, but it was unknown whether they knew or were connected to Portillo or Sandoval.

Neither Ramirez nor Portillo are known to have any infant children of their own or infant family members living in their homes, according to the San Jose Office of the District Attorney.