San Antonio Express-News
SAN ANTONIO, Texas — The family of a woman killed in an officer-involved crash earlier this month claimed in a wrongful death lawsuit filed Tuesday that former police spokesman Sgt. Gabriel Trevino was using his cell phone at the time of the crash.
According to records obtained from the city, Trevino sent a text from his work phone at 12:12 a.m. and received two messages at 12:14 a.m.
Dispatchers began receiving calls about the fatal collision at 12:15 a.m.
The March 7 crash occurred some time after midnight in the westbound lanes of North Loop 1604 near the Stone Oak Parkway interchange as Trevino drove onto the highway in his city-owned Impala. He collided with a SUV driven by Rosita Davila, 64, who died at the scene. Her passenger, Maria Rodriguez, 55, was seriously injured.
Davila’s Jeep Liberty flipped several times and landed in the eastbound lanes of 1604.
Attorneys for the family were not immediately available Wednesday morning but said in a previous interview that they felt Trevino failed to render aid to the women because he drove to a turnaround, and according to witnesses did not approach the SUV.
The crash remains under investigation. No criminal charges have been filed and there no state laws address phone use while driving.
The lawsuit, which seeks up to $750,000 in damages, claims that Trevino, who served as the department’s spokesman for nine years, called his home and Chief William McManus, “rather than approach and offer aid and/or comfort” to the women. It also questions why Trevino didn’t have his blood-alcohol level tested.
Both women were wearing seatbelts, according to the police report. Trevino’s failure to yield right-of-way was noted as a contributing factor, as was Davila’s failure to take evasive action, the report said.
Police Chief William McManus, with agreement from the city manager, asked the Texas Department of Public Safety to conduct a review of the department’s investigation because of concerns that a close working relationship between the chief and Trevino could hinder the internal review.
Alcohol and speed are not believed to be factors in the crash, authorities said. The city does not require its employees to be tested for alcohol or drugs if involved in a fatal crash in which alcohol is not believed to be a factor.
A department spokesman said that Trevino rendered aid because he repeatedly called for EMS and that at the time of the crash he followed chain-of-command procedures because he requested a supervisor.
In an interview on Sunday, McManus adamantly denied any claims of impropriety or favoritism in the investigation.
Copyright 2010 San Antonio Express-News