Wednesday morning Jimmy Tony Sanchez, 38 appeared in front of Judge Grant for arraignment. Then Wednesday afternoon Nicholas Chase Cunningham appeared in court in front of Judge Grant for arraignment. The other suspect, Sophia Perez Heath, 35, will appear on Thursday. Cunningham and Sanchez are charged with kidnapping and aggravated robbery. Heath is charged with aggravated kidnapping. Montgomery County District Attorney Kelly Blackburn who will prosecute the case said murder charges will not be filed. He said to file capital murder the victim must have been killed with intent during the commission of the offense. A charge of just murder carries the same penalty as aggravated kidnapping which is 5 to 99 years in the Texas Department of Criminal Justice. All are accused of being involved in the kidnapping of Conroe resident Ulises Valladares, 47, who was taken from his home in front of his 8-year-old son and later shot and killed during an FBI rescue attempt.