Warrant: Boyfriend in Santa Clara kidnapping said he'd 'fix' custody battle

Warrant: Boyfriend in Santa Clara kidnapping said he'd 'fix' custody battle

(Washington County Jail)


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SANTA CLARA, Washington County — A man charged with kidnapping a Santa Clara man who has not been seen in a month, claimed he would "fix" an ongoing child custody battle involving the man, court documents state.

David Heisler, 30, has not been seen since June 27 when police found blood in the kitchen and garage of his home.

Heisler's former girlfriend and the mother of Heisler's 6-year-old daughter, Kelley Marie Perry, 31, is charged in 5th District Court with aggravated kidnapping and aggravated burglary, first-degree felonies, and theft, a second-degree felony. Her boyfriend, Francis Lee McCard, 55, faces those same charges. Both are from Washington City.

According to a search warrant affidavit recently unsealed in 5th District Court, Heisler and Perry were involved in a "contentious child custody dispute."

On June 13, a judge awarded permanent custody of the girl to Heisler.

"Witnesses have told investigators that Kelley Perry was extremely upset by the judge's decision awarding legal custody of (the girl) to David. Kelley Perry was accompanied to the hearing by her boyfriend, Francis McCard," the affidavit states.

"Witnesses said that after the judge announced his decision awarding physical custody to David Heisler at the conclusion of the June 13, 2016 hearing, Francis McCard said to Kelley Perry, 'I will fix this.'"

On June 22, Heisler's step-mother took the young girl with her on a trip to New York, the warrant states.

On June 25, Heisler and Perry engaged in a texting conversation. Perry was going to visit Heisler but repeatedly asked for assurance and photographic proof that he was alone, the warrant states.

Heisler was never alone at the home he shared with his father, step-mother and daughter for 18 months, according to police. On June 27, he was left alone in the house for the first time when his father went to work, according to the affidavit.

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McCard and Perry are accused of forcefully taking Heisler from his house after they were driven there by Tammy Renee Freeman, according to charging documents. They allegedly drove off with Heisler in Heisler's car.

Heisler's vehicle was found abandoned on July 1 in Beaver Dam, Arizona. A bullet casing was found inside the car, as well as blood on the car's exterior. McCard admitted to taking the vehicle to Arizona and leaving it there, the charges state.

Perry was dropped off somewhere near the Utah-Arizona border. Police say McCard was the last person seen with Heisler.

Heisler has not been located despite several searches by local, state and federal officials along the Arizona Strip area.

Police seized from McCard and Perry's Washington home a white rope with several knots, black gloves, drug paraphernalia, a handgun, a couple of gun magazines and handcuffs, according to the warrant.

In addition to the kidnapping, burglary and theft charges, other criminal charges were filed against Perry. She is also charged with possession of a weapon by a restricted person, a second-degree felony; drug distribution, a second-degree felony; and drug possession, a class B misdemeanor.

Freeman, 54, of Washington City, is charged with aggravated kidnapping and aggravated burglary, first-degree felonies, and theft, a second-degree felony.

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Pat Reavy

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