4-year-old boy tests positive for meth, legal guardians charged

Police arrested the legal guardians of a 4-year-old boy who tested positive for methamphetamine.

Elvira Garcia Portillo, 49; and Raul Escalera, 47, who both reside on the 1700 block of Princess Jeanne Drive, are charged with a third-degree felony count of child abuse.

Police were called to assist a Children, Youth and Families Department investigator on October 2, 2017.

The investigator was conducting a welfare check at the couple’s home and Portillo reportedly gave officers consent to search the residence.

Officers allegedly found drug paraphernalia, nearly 21 ounces of marijuana and suspected methamphetamine.

Investigators learned Portillo and Escalera are the legal guardians of a 4-year-old boy.

On October 3, 2017, the 4-year-old boy submitted evidence for a drug test which returned positive for methamphetamine, police said.

Portillo and Escalera allegedly refused to submit to drug testing. Investigators had to obtain a search warrant for hair follicle samples from both suspects.

Portillo’s test results allegedly came back positive for methamphetamine, police said. Escalera’s test results allegedly came back positive for meth and tetrahydrocannabinol metabolite, police added.

Portillo and Escalera were detained Tuesday, Oct. 24, 2017. They were booked into the Dona Ana County Detention Center where they are initially being held without bond.