IRVING, Texas - Two young parents were arrested on felony stalking charges after Irving Police say they repeatedly attempted to locate and intimidate the man caring for their foster child, culminating in an aggressive driving incident that left the foster parent fearing the couple intended to kill him and take the child.
Irving Police officers responded at approximately 1:36 p.m. on Aug. 7 to a report of an aggressive driver near MacArthur Boulevard and Airport Freeway.
Before responding officers arrived, Irving Police Lt. Shepard spotted the suspect vehicle, a red Jeep Renegade, allegedly tailgating the victim's blue Dodge Charger.
Police stopped the Jeep and identified the driver as 18-year-old Rosario Davila and the passenger as 20-year-old Byran James Gardner Jr. One of the couple's children was also inside the vehicle.
Investigators learned Davila and Gardner are the parents of a child currently in foster care with the victim, Jose Portillo.
Police Say Couple Went Looking for Foster Parent
According to the investigation, the confrontation in Irving followed an earlier incident at Portillo's residence in Arlington.
Portillo told officers that Davila and Gardner went to his home while he was away in an attempt to locate him and pressure him into returning their daughter despite existing court orders.
While at the residence, the couple allegedly spoke with Portillo's neighbor and said they intended to find Portillo and beat him up.
Investigators said the couple later located Portillo while he was driving in Irving.
Davila and Gardner allegedly pulled alongside his vehicle before following him and driving aggressively. Police said their actions nearly forced Portillo off the roadway and caused him to fear for his safety.
Portillo told investigators he believed the couple was going to kill him and take the child.
Both Charged With Felony Stalking
Based on the investigation, Irving Police determined Davila and Gardner had allegedly taken significant steps to locate Portillo on multiple occasions, threatened him with physical violence, followed him in a vehicle and engaged in conduct intended to intimidate him and place him in fear as part of an effort to regain custody of their daughter.
Both were arrested and booked into the Irving Jail on a charge of Stalking, a third-degree felony.
Police also discovered both suspects had outstanding warrants.
Davila had an outstanding Dallas Police warrant related to being a spectator at an illegal street racing event.
Gardner had six outstanding misdemeanor warrants, including five from Dallas Police and one from Cedar Hill Police.
Authorities also noted that another child of the couple was inside the Jeep during the alleged aggressive driving incident.
The circumstances involving the children are expected to involve Texas child welfare authorities, while the criminal stalking allegations against Davila and Gardner will proceed through the court system.
