Tasered man isn't phased
Intoxicated man struggles with sheriff’s deputy

By Leslie Wood
Staff writer

GALLUP — Local Sheriff Frank Gonzales said Thursday that it was “reasonable” for one of his deputies to use a Taser gun to subdue a disorderly suspect who was already in handcuffs.

The incident sparked an inquiry conducted by the McKinley County Sheriff’s Department; however, Gonzales said Deputy Owen Pena’s actions were justified because of the circumstances surrounding the situation.

Pena and Lt. Titus Linville were dispatched Wednesday at about midnight to a residence behind The Word Ministry at Rural Address 882B on North U.S. Highway 491 in reference to a pair of allegedly intoxicated men who walked into the residence and then attempted to drive over cement blocks.

“We observed a white-colored 2008 Chevrolet four-door bearing a New Mexico temporary permit (Enterprise Rental Car) parked in the back yard of this residence and parked on top of some cinder blocks. Inside the vehicle in the driver seat was an intoxicated male individual, later identified as Sherwyn Charley … ,” a police reported filed about the incident reads.

In the report, Pena wrote that Charley displayed signs of intoxication that included the odor of alcohol on his breath, slurred speech and watery, blood shot eyes.

As the incident unfolded, Charley reportedly began to shout profanities and “threats” toward Pena.

Charley’s behavior allegedly continued as Pena tried to handcuff him.

“I then got Mr. Charley out of my patrol unit to place him in handcuffs and at which time Mr. Charley resisted against me. I then advised Mr. Charley that if he did not stop resisting and being disorderly, he would be drive-stunned by my Taser. I even showed Mr. Charley what the Taser looked like. Mr. Charley continued to shout profanities and stated to go ahead and stun,” according to the report.

Pena subsequently stunned Charley on his right side and handcuffed him.

“ ... I then commanded Mr. Charley back into my patrol unit and he again resisted me, at which time I drive-stunned him one time with my Taser on his right side, until he got back in my unit ... Mr. Charley again started shouting profanities, which was keeping residents of this residence awake. I then extracted Mr. Charley out of my patrol unit and placed him on the ground. Lt. Linville arrived at this location and Mr. Charley continued to shout profanities, continued to be disorderly. I then drive-stunned Mr. Charley with my Taser three more times in his back and chest area, until he decided to quit resisting and with Lt. Linville’s supervision,” the report reads.

Charley was then placed again into the police unit and taken to the McKinley County Adult Detention Center. He is facing charges of disorderly conduct and resisting or obstructing an officer. He did not request medical attention after being stunned.

During a phone interview Thursday, Gonzales said repeatedly that it was “reasonable” for Pena to tase the suspect once he was placed in handcuffs. He said a handcuffed suspect could still use his or her feet to resist.

“You use whatever is reasonable,” Gonzales said of protocol.
He said the matter was considered an “internal problem” and an outside agency would not investigate the issue. Lt. Linville also reportedly told Gonzales that Pena’s actions were warranted.

A second man, Gilmore Lee, was taken to NCI following the incident.