CONROE, TX (KPRC/KTRK/CNN) - Many questions surround why an FBI agent accidentally shot and killed Ulises Valladares, a man whom agents were trying to rescue from kidnappers.
Court documents said last week Jimmy Sanchez and Nicolas Cunningham forced their way into Ulises Valladares' home, tied him and his 12-year-old son up but kidnapped the father.
Records also stated that one of the suspects called Ulises Valladares' brother, Ernesto, demanding $20,000 for his safe return.
Authorities found Ulisis Valladares tied up in the home of Sophia Heath's home, who was the girlfriend to one of the other suspects.
When the FBI went in to raid the home and rescue the hostage, a mistake led to an agent accidentally shooting and killing the hostage.
Houston Police said a dropped tool led to an agent discharging his weapon. Valladares was just in the wrong place at the wrong time.
"As one agent was breaching the window, unfortunately, he lost control of the breaching tool, and it fell inside the residence," Houston Police Chief Art Acevedo said. "At that point, the agent did actually ended up discharging his M4 rifle, started using his rifle to try to continue to breach the window. Tragically and sadly, Mr. Valladares was right by that window and he was bound and obviously with his hands in front of him, taped and, and, and not able to see in the dark himself, he actually grabbed the rifle is what our investigation showing so far and started to pull out the rifle."
Fearing that he would lose control of the gun, the agent ended up shooting Ulises Valladares.
Ernesto Valladares is fighting for custody of his nephew, who has been left parentless.
Family members said Ulises Valladares' main focus was his son, especially after the child's mother died of cancer two years ago.
"I could only imagine what this child is going through," attorney Douglas Ray York said. "He's having to repeat the grieving process. His mother passed away; now his father passed away. And the FBI came in and made him an orphan."
York is representing Ernesto Valladares, who is fighting to get custody of the boy who is currently in the care of Child Protective Services.
"My client doesn't even know where the child is," York said. "He knows the child is in foster care, but there has been no communication, no contact, nothing, no visits, nothing."
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