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 today. The two will appear before a judge today, and face charges of kidnapping a child under 14, first-degree burglary, and conspiracy, according to the court documents.

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.

Check back for updates on this developing story.