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Extradition sought in child theft case

By John Miller
Published Wednesday, June 20, 2001 in the Nevada County Picayune

Extradition is being sought for a California man and wife in connection with the taking of children from Emmet.

According to court records, Tomi Gallardo, 30, and Ricardo Gallardo, 50, of Indio, Calif., have been charged with residential burglary and interference with custody.

The residential burglary charges is a class B felony with a sentence of 5-20 years in prison and a fine up to $15,000. Interference with custody is a class D felony, with a sentence up to six years in the Arkansas Department of Corrections and a fine up to $10,000.

The Nevada County Sheriff's Office was notified of a woman being at the Eagle's Nest in Emmet involved with the taking of some children.

Wayne Kisselburg, NCSO criminal investigator, went to the scene and talked with Melissa Agnew.

Agnew had been babysitting John Eubanks' children, when, at 8 a.m. on June 13, she heard Alyssa Eubanks crying.

Looking out her back window, Agnew saw Tomi Gallardo pushing the other children into a white car and yelling at them.

Agnew grabbed the baby, told her husband to call the police and unsuccessfully tried to chase Gallardo.

Eubanks told Kisselburg he had papers giving him temporary custody of the children. The papers were dated June 4.

On June 9, Eubanks had called Gallardo asking if she had received her copies. She said no, adding she had no money for an attorney and didn't know what to do, but asked if she could see the children at her mother's house.

Eubanks said it wouldn't be a good idea, suggesting she visit the children at his home instead.

On June 10, according to the records, Eubanks got a call from Gallardo, with her telling him she would get her children back and stick him with as much child support as she could get.

He responded saying she would not get the children, having no idea she would take them from the babysitter's house.

Extradition orders have been filed with California to get Tomi and Ricardo Gallardo returned to Arkansas.


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