Below are the charging documents filed in the court on the three defendants who are accused of kidnapping and robbing Ulises Vallada which later led to his death as FBI entered the home he was being held. In addition is the Probable Cause Court held in the jail in which the charge is read to the defendant and a bond is set.
CHARGES ARE AS FOLLOWS:
SOPHIA PEREZ HEATH, 35, CHARGED WITH AGGRAVATED KIDNAPPING HER BOND IS $1,000,000.00
NICHOLAS CHASE CUNNINGHAM, 42, CHARGED WITH AGGRAVATED ROBBERY AND AGGRAVATED KIDNAPPING. HE HAS NO BOND. IN ADDITION HE WAS ON PAROLE AND NOW HAS A BLUE WARRANT ISSUED BY THE PAROLE BOARD TO REVOKE THAT PAROLE. HE WAS GIVEN 20 YEARS IN 2003 FOR AGGRAVATED ROBBERY WITH A DEADLY WEAPON AND FLEEING IN A STOLEN VEHICLE IN HOUSTON
JIMMY TONY SANCHEZ JR. , 38, CHARGED WITH AGGRAVATED KIDNAPPING AND AGGRAVATED ROBBERY. HE TOO HAS NOT BEEN GIVEN A BOND
1 YEAR FOR AGGRAVATED ASSAULT ON A FAMILY MEMBER
2 YEARS STATE JAIL BURGLARY OF A BUILDING-1997
5 YEARS TDCJ BURGLARY OF A HABITATION-1997
180 DAYS COMPELLING PROSTITUTION BY FORCE /THREAT/FRAUD/-2012
2 YEARS TDCJ EVADING ARREST WITH A MOTOR VEHICLE 2014
HEATH
COMPLAINT
THE STATE OF TEXAS
V.
Heath, Sophia Perez
1777516
AGGRAVATED KIDNAPPING
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
Before me, the undersigned Assistant District Attorney of Montgomery County, Texas, this day appeared the undersigned affiant, who under oath says that he has good reason to believe and does believe that in Montgomery County, Texas SOPHIA PEREZ HEATH, hereinafter styled the Defendant, heretofore on or about .January 24, 2018, did intentionally or knowingly abduct Ulises Vallada res, and the defendant did then and there use or exhibit a deadly weapon,
to wit: firearm, during the commission of the offense,,
INFORMATION
THE STATE OF TEXAS
V.
SOPHIA PEREZ HEATH 1777516
9th District Court
Count Chan?e Statute Degree DA File# Agency#
1 AGGRAVATED KIDNAPPING 20.04(b) Fl 18F-
000485 18010813
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
THE UNDERSIGNED ASSISTANT DISTRICT ATTORNEY for the 9th Judicial
District in the County of Montgomery and the State of Texas presents in the District Court of said County that Sophia Perez Heath, the Defendant, on or about January 24, 2018, and before making and filing of this infonnation in the County of Montgomery, State of Texas, did intentionally or knowingly abduct Ulises Valladares, and the defendant did then and there use or exhibit a deadly weapon, to-wit: firearm, during the commission of the offense,
Against the Peace and Dignity of the State.
SANCHEZ
SANCHEZ
AMENDED COMPLAINT
1 AGGRAVATED KIDNAPPING
AGGRAVATED ROBBERY
In the Name and by Authority of The STATE of TEXAS:
BEFORE ME, the undersigned Authority, on this day personally appeared B. Mitchell, who after being by me duly sworn, on oath deposes and says: That he has good reason to believe and does believe and charged that heretofore, to-wit: on or about January 24, 2018, A.O., and before the making and filing of this Complaint, in the County of Montgomery and State of Texas, Jimmy Tony Sanchez, the Defendant, did intentionally or knowingly abduct Ulises Valladares, and the defendant did then and there use or exhibit a deadly weapon, to-wit: firearm, during the commission of the offense,
Affiant, B. Mitchell, is a certified Texas Peace Officer employed by The Conroe Police Department. Based on his/her own investigation and review of Offense Report # 18010813, Affiant can state the following: On O1-24-18, at approximately 0910 hours, Conroe Policers Officers were dispatched to 1716 Tyler Lane in regards to a disturbance call. The call notes stated that a child came ·to the repartees residence at___ Tyler Lane in Conroe and told him there were people in the house with guns. Affiant knows this address to be within the jurisdictional bounds of Montgomery County, Texas. The child gave descriptions of the two suspects as Hispanic males with noticeable tattoos. The child also told the reportee the incident occurred 30 minutes prior to calling police and his father had also been taken.
Officers arrived, making contact with the repo1tee and child victim. Officer G. Gallegos identified the reportee, ______ Garza, and the victim child, U.V. (DOB 09/28/05). Upon investigation, the Officers observed the child’s residence appeared to have been ransacked.
Officer G. Gallegos spoke with the child, U.V., who stated while he was getting ready for school, at about 0800 hours, he heard someone knocking at the front door. The child’s father, Ulises Valladares (TXDL 12121698), answered the door and two Hispanic males immediately tackled him to the ground. The suspects pinned the father down on the living room floor and proceeded to restrain the father and the child’s hands with grey duct-tape. Qne suspect, described as having a heavy build, kicked open a bedroom door that belonged to the child’s uncle Ernesto. The suspects continued searching drawers and cabinets throughout the interior of the house. The child stated that he observed both suspects search through an extensive amount of mail and envelopes and take some speakers, x-box, TV’s PlayStation, a sword and a hat. The child stated the suspects were not wearing gloves during the searching and later attempted to wipe down the items they touched. The child overheard one of the suspect say to his father that his brother (no name specified) owed them $8,000.00. The child also overheard his father tell one of the suspects that he knew one of the suspect’s parents. The child believes the father told this to the suspect having a thinner build. After about 20 minutes of ransacking the house, the suspects placed a black Nike sweater over the father’s head and escorted him outside. The suspects told the child to not call police or they would kill his father. The suspects told the child they would drop his father off around the street comer. The child advised he waited 10 or 20 minutes before he located some scissors, cut the duct-tape off his hands, and ran outside to find his father. Once outside, he was unable to locate his father at the street comer (Tyler/Longview) and instead met with the reportee, Garza, at ____ Tyler Lane.
The child described the first suspect as a Hispanic male, thin build, light skinned and having a tattoo of star with the letter “H” on the male’s neck. He was wearing black and blue Michael Jordan tennis shoes, a black t-shirt, and a black beanie on his head. The child also mentioned that this first suspect was also in possession of a black handgun and pointed it at him and his father during the incident.
The child described the second suspect as a Hispanic male, heavy stature, about 6’0″, having a thick beard, and having teardrop tattoos near the left eye. The child didn’ t recall at the time what this second suspect was wearing.
A male who identified himself as the uncle arrived and inquired about the presence of Police. Officer G. Gallegos identified the uncle as Ernesto Valladares . Ernesto informed Officer G. Gallegos that he was the child’s uncle and brother to the child’s father.
Ernesto advised that his neighbor, Garza, notified him via telephone, while at work. Ernesto responded directly to his residence.
Ernesto advised he did not know anyone matching the suspect’s description and he did not owe anyone money.
Conroe Detective B. Mitchell transported Ernesto the Conroe Police Department for an interview. After concluding the interview, transported Ernesto back to his residence for a walk through. While at the residence, Ernesto informed Detective B. Mitchell and Officer G. Gallegos that he missed a call from an Unknown person, phone number ********, at about 1209 hours. Officers advised Ernesto to call tl:ie number back, but received no answer. Several
· minutes later, the number called back and a male speaking in Spanish asked if the person answering the phone was Ernesto. Ernesto replied yes. The unknown male told him to listen and this would be easy. He continued by saying he was with “El Cartel Del Golfo” (Mexican drug cartel) and they had his brother kidnapped. The male immediately demanded $ 20,000.00 or his brother would be killed. Ernesto replied by saying that he did not have this amount of money. The male then started naming people (Juan Carlos, Zulema, Dona Tina and Consuelo) and told him that he if called police he would kill his brother and these other people. The male further told him that they allowed the child to live and that he (child) was left at the house. The male then allowed another male, who Emesto confim1ed to be his brother by voice, to talk to Ernesto. The brother, Ulises, advised he was fine but to gather up the money and not call police. The male suspect took the phone back and further told him he would send him a picture of his brother. Ernesto requested the pictures of his brother but this made the male upset, which caused him to start cursing at Ernesto. Ernesto deflected the requested pictures and began telling the male that 20k was a lot of money. The male then told Ernesto to figure it out and to call back when he had the money. The male also told him that the house was being watched and they would kill his brother if they discovered that police were notified. The male then hung up.
Officers escorted Ernesto back to the Conroe Police Department to monitor future phone calls. Detectives, Negotiators, and the Federal Bureau of Investigation was informed of the situation and responded to assist in the investigation.
During further interview with Ernesto, he informed investigators that he recently lent his cousin some money for house repairs. This cousin was identified as Delia Velasquez (DOB 07-06-71/ ********). Ernesto advised Delia paid her debt back by giving him one of her vehicles, which Ernesto advised he later registered in his name.
During the interview, the suspect contacted Ernesto on his phone again. Ernesto answered and was asked if he had made a decision. Ernesto noticeably became nervous and was unable to correctly answer the male. The male then asked him if he had gone back to his house. Ernesto replied by telling the male that he was still at work. The male sounded suspicious of Ernesto’s answers and asked him where he was. The male hung up on Ernesto before he could completely answer.
Agents with the FBI Violent Crimes Division began tracking the suspect’s phone that was being used to contact Ernesto. Agents discovered the suspect’s phone was currently in the area of 1633 Webster St., League City, TX. Investigators found this location close Ernest’s cousin, Delia’s listed TXDL address, 1633 Webster St. Trailer , League City, TX. Through research of Law Enforcement Databases and social media, Investigators discovered Delia married to Nicholas Chase Cunningham. Investigators found Cunningham to match the description of the heavy stature suspect, with a thick beard, and teardrop tattoo near his eye.
Agents tracking the suspect’s phone discovered the phone changed location. Agents located the phone in the area of 889 West Bay Area Blvd., at a Best Western.
During this time, Ernesto received another call from the suspect. The suspect discussed receiving money from Ernesto and allowed him to speak with his brother again.
While inyestigators were monitoring the events; Ernesto received a call from his niece Delia. Delia informed Ernesto that she was at work. Delia also told Ernesto that she and her husband were currently living at the Best Western on Bay Area Blvd.
Agents surveilling the Best Western, observed two Hispanic males, matching the description of both suspects, exit a red Toyota Tacoma and enter the hotel. Agents detained both individuals. The first individual was Identified a Jimmy Sanchez DOB 05/22/1979. Sanchez matched the description of the thin build suspect with matching tattoos on his face and neck and wearing black and blue Michael Jordan tennis shoes. The second individual matched the description of the second suspect and was identified as Nicholas Chase Cunningham. Cunningham allowed verbal consent to search his room. Agents located a cellphone, matching the phone number *******, which was used to call Ernesto about the kidnapping. Cunningham informed Agents that the kidnapped victim was not at this location. He stated the kidnapped victim was at his girlfriend’s house located, 7323 Elbert St. He identified his girlfriend as Sophia Perez Heath.
Cunningham and Sanchez were transported to the Federal Bureau oflnvestigations Office for interviews.
Agents responded to the residence at 7323 Elbert St. The Federal Bureau oflnvestigation Tactical Response Unit made entry into the house and located the kidnapped victim, Ulises Valladares. The victim’s hands were bound with grey duct-tape. Ulises was transported to the hospital from the scene and latei: died. Also on location was Sophia Perez Heath. Sophia was transported the Federal Bureau of Investigation Office for interview.
During her interview with Detective B. Mitchell, Sophia was mirandized and stated that Cunningham and Sanchez brought Ulises to her home the previous night. She stated that they all three arrived in Cunningham’s red Toyota Tocoma. Sophia stated Cunningham and Sanchez brought Ulises into her house with his hands bound and something covering his head. She stated Cunningham told her he needed to leave the victim there and asked her to watch him. She stated he instructed her to not let the victim leave. Sophia stated that she knew he was being kept there against his will. She stated Cunningham brought in a back handgun and left it on the dresser.
During his interview with Detective B. Mitchell, Cunningham was mirandized and stated that he picked the victim up from his home in Conroe. Cunningham stated that Sanchez was with him and assisted. He stated that Sanchez was displaying the black handgun. Cunningham stated that Sanchez bound the victim and his sons hands with duct tape. He stated they then drove the victim to his old house. Cunningham stated he and Sanchez then drove the victim to Sophia’s house. He stated he told Sophia to watch the victim and feed him. Cunningham told Sophia he would return later for him.
Wherefore I believe that probable cause exists to believe that Jimmy Tony Sanchez has committed the felony offense of Aggravated Kidnapping. Accordingly , I ask for issuance of a warrant authorizing the arrest and seizure of Jimmy Tony Sanchez for said offense and that he be dealt with as the law provides.
Against the Peace and Dignity of the State.
CUNNINGHAM
THE STATE OF TEXAS
V.
Cunningham, Nicholas Chase
1777496
AGGRAVATED ROBBERY
AGGRAVATED KIDNAPPING
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
Before me, the undersigned Assistant District Attorney of Montgomery County, Texas, this day appeared the undersigned affiant, who under oath says that he has good reason to believe and does believe that in Montgomery County, Texas NICHOLAS CHASE CUNNINGHAM, hereinafter styled the Defendant, heretofore on or about January 24, 2018, did intentionally or knowingly abduct Ulises Valladares, and the defendant did then and there use or exhibit a deadly weapon, to-wit: firearm, during the commission of the offense,
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
THE UNDERSIGNED ASSISTANT DISTRICT ATTORNEY for the 9th Judicial
District in the County of Montgomery and the State of Texas presents in the District Court of said County that Nicholas Chase Cunningham, the Defendant, on or about January 24, 2018, and before making and filing of this information in the County of Montgomery, State of Texas, did intentionally or knowingly abduct Ulises Valladares, and the defendant did then and there use or exhibit a deadly weapon, to-wit: firearm, during the commission of the offense,
