Sandoval County Sheriff’s Officers were dispatched to a residence on the 600 block of Fountain Ct. in Rio Rancho February 9 to serve a domestic violence order of protection for the removal of Fabricio Portillo from the home. The encounter resulted in Sgt. Luke Osborn being accidentally tasered by his own stun gun.
According to a police report, “Dispatch had advised [deputy William Washington] that there was a flag on the house for violent tendencies” so SCSO Sergeant Luke Osborn and Deputy Rodriguez were sent as backup to assist Washington with the removal. After several attempts by officers to get Portillo to open the door of the residence voluntarily, Sgt. Osborne broke the door chain and escorted Portillo from the house and into the front yard where a struggle ensued. After fighting with all three officers, and ignoring Sergeant Osborn’s warnings that he would be tased, Portillo was stunned once by Osborne, but he was only briefly incapacitated.
Washington said in his report that he saw Portillo “moving his hands toward his wrist line as if he was going to reach for a weapon.” He also states in the report that at one point he heard Deputy Rodriguez shout, “He has my weapon.”
It was then, according to Deputy Washington, that “Sergeant Osborn stunned Fabricio in the stomach but Fabricio grabbed the taser resulting in Sergeant Osborn being tased inadvertently in the left hand.”
The report says Portillo continued to resist officers despite being tased at least three times during the altercation. It was only when Sergeant Osborn brought a canine unit from his vehicle that Portillo complied.
Portillo was eventually served with the protection order and received medical assistance from Rio Rancho Fire Department. After getting a medical clearance he was booked at Sandoval County Detention Center and charged with battery upon a peace officer, two counts of disarming a peace officer and two counts of resisting arrest.